ORDER

Dated this the 09th day of October, 2024 The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , (for short ‘ BNSS ’), for an order of pre-arrest bail.

2. The petitioner is the 2nd accused in Crime No.382/2024 of the Manarcaud Police Station, Kottayam, which is registered against two accused persons, for allegedly committing the offences punishable under Sections 420 and 406 r/w Section 34 of the Indian Penal Code, 1860.

3. The crux of the prosecution case is that, the accused, with an intention to cheat the defacto complainant and to make unlawful gain, promised to deliver a printing machine from Japan for Rs.74,00,000/-. Subsequently, the accused 1 and 2 had received Rs.5,00,000/- each as advance consideration to deliver the printing machine. However, the accused failed to deliver the machine and refused to return the advance amount. Thus, the accused have committed the above offences.

4. Heard; Sri.M.R.Sarin, the learned counsel appearing for the petitioner and Smt.Pushpalatha M K, the learned Senior Public Prosecutor. Eventhough notice was served on the defacto complainant, there is no appearance for him.

5. The learned counsel appearing