Jaseela – Appellant
Versus
State of Kerala – Respondent
ORDER :
The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (in short, ‘BNSS’), for an order of pre-arrest bail.
2. The applicants are the accused Nos.1 & 2 in Crime No.493/2024 of the Kannur Town Police Station, which is registered against four accused persons for allegedly committing the offence under Section 420 of the Indian Penal Code, 1860.
3. The crux of the prosecution case, is that on 26.06.2021, the first accused had published an advertisement in the social media, offering high profit on investments if made in the company owned by the accused Nos.3 & 4. Accordingly, the first accused got acquainted with the de-facto complainant, and he invested Rs.43,59,950/- during the period from 04.06.2022 to 03.10.2022 in the bank accounts of the accused. However, the accused failed to pay any profit and refused to return the capital. Thus, the accused have committed the above offences.
4. Heard; Smt.Mumthas Kakkat Valappil, the learned counsel appearing for the applicant; Smt. Seetha S., the learned Senior Public Prosecutor and Sri. P.T. Abhilash the learned counsel appearing for the de-facto complainant/intervenor.
5. The learned Public Prosecutor
The court emphasized the need for clear procedures in pre-arrest bail applications, especially for accused residing abroad, to prevent suppression of facts.
The court established that accused persons must disclose their location in bail applications to ensure transparency and proper judicial consideration.
A court may exercise caution in granting anticipatory bail when the applicant is abroad, considering the circumstances of the case.
Pre-arrest bail is not granted as a matter of course and requires clear, specific justification, particularly when the applicant conceals significant facts such as being abroad during the application....
Court may grant pre-arrest bail when custodial interrogation is unnecessary, considering the nature of allegations and investigation status.
A bail application becomes infructuous when a final report is filed under the relevant statutory provisions.
The submission of an absconding charge sheet renders a bail application infructuous under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Pre-arrest bail is not granted as a matter of course; serious allegations and the stage of investigation weigh heavily against release.
The court emphasized the importance of exhausting lower court remedies before seeking bail applications.
The court determined that pre-arrest bail may be granted when there is insufficient evidence for custodial interrogation and conditions are imposed to ensure compliance with the law.
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