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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath
Anilkumar. G – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
Kauser Edappagath, J.
This application is filed u/s 482 of the Bharatiya Nagarik Suraksha Sanhitha (BNSS), 2023 seeking pre-arrest bail.
2. The applicant is the accused in Crime No.1097/2025 of the Pathanamthitta Police Station. The offence alleged is punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The case of the prosecution in short is that, the applicant was running a private educational institution namely Mother's Institute of Science and Technology, enrolled defacto complainant and others for the B. Voc. course making them believe that the said course has affiliation with the Kerala University and Glocal University, Uttar Pradesh and received admission fees and semester fees and later on it was revealed that the course did not have affiliation as promised and thereby committed the offence.
4. I have heard Sri. Liju V. Stephen, the learned counsel for the applicant and Sri.E.C. Bineesh, the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that there are no materials on record to co
Pre-arrest bail granted due to lack of necessity for custodial interrogation and the applicant's cooperation with the investigation.
Pre-arrest bail granted absent evidence linking the applicant to the alleged crime.
Pre-arrest bail is denied when serious allegations and potential for interference with investigations exist.
Pre-arrest bail under Section 482 of BNSS is discretionary, emphasizing the need for thorough investigation and seriousness of the accusations.
Pre-arrest bail is not a matter of course; custody is essential for serious accusations.
The court maintains that pre-arrest bail is exceptional and dependent on specific justifications, particularly in serious allegations.
Pre-arrest bail cannot be granted as a matter of course when serious allegations exist, necessitating custodial interrogation.
Pre-arrest bail under Section 482 of BNSS is justified in serious allegations only if special circumstances exist, which are not present here.
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