Pre-arrest bail cannot be granted without sufficient grounds; serious accusations warrant investigation before release.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicants are the accused Nos. 1 and 2 in Crime No.1022/2025 of Karukachal Police Station, Kottayam. The offences alleged are punishable under Sections 3 18 (4) and 3(5)

of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’).

3. The prosecution case, in short, is that applicants herein with an intent to cheat the defacto complainant promised her to procure a job as senior care worker in Canada and received an amount of Rs.4,00,000/- (Rupees Four Lakhs only) on 21.09.2023 and another amount of Rs.4,00,000/- (Rupees Four Lakhs only) on 21.12.2024, totaling Rs.8,00,000/- (Rupees Eight Lakhs only). It was further alleged that the applicants even after the receipt of the amount did not provide the defacto complainant a job as promised in Canada and therefore she approached the respondent on 13.08.2025 and submitted a complaint alleging the commission of the offences under Section 3 18 (4) and 3(5) of the BNS.

4. I have heard Sri.K.R.Sunil, the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they were released on bail at this stage, it will affect the course of the investigation.

6. The law regarding the grant or refusal of pre-

arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power u/s 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicants is very serious in nature and it prima facie shows a premeditated criminal act on their part. Prima facie there are materials on record to show the involvement of the applicants in the crime. The amount has been credited to the bank account of the 2^nd applicant. The applicants do not dispute that they received the amount from the defacto complainant. However, their case is that, they acted as an intermediary and the amount which they received was transferred to one Mr. Balamurukan. It is a matter to be investigated by the police, for which custodial interrogation of the applicants is necessary. Hence, I am not inclined to invoke the jurisdiction vested with this Court u/s 482 of .

7. The learned counsel for the applicants submits that the applicants are prepared to surrender before the investigating officer.

8. Having heard the learned counsel for the applicants and the learned Senior Public Prosecutor, the bail application is disposed of as follows:-

(i) The applicants shall surrender before the investigating officer within three days from today.

(ii) On such surrender, if the investigating officer beliefs that the arrest of the applicants is necessary, he shall record their arrest and produce them before the jurisdictional Magistrate.

(iii) The bail application, if any submitted by the applicant shall be disposed of in accordance with law by the learned Magistrate on the same day itself.

(iv) The applicants shall give, in advance, the copy of the bail application to the prosecutor concerned.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE VPK APPENDIX OF BAIL APPL. 13165/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF FIR REGISTERED BY RESPONDENT ON 13.08.2025 Annexure A