Issues of anticipatory bail regarding fraud and financial misconduct under the BNS Act are critically examined.

ORDER

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioners are the accused Nos.1 & 2 in Crime No.669/2025 of Pothencode Police Station, Thiruvananthapuram. The offences alleged against the petitioner is punishable under Sections 316(2), 318(4)

and 3(5) of BNS, 2023.

3. The prosecution case as narrated in Annexure A3 reads thus:-

“The petitioners have fraudulently and dishonestly induced the informant by promising that they would secure a job on payment of consideration and accordingly they have collected an amount of Rs.7,00,000/- from the informant and thereby cheated him”.

4. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

5. The learned counsel for the petitioners submitted that the real culprit in the crime is accused No.3, a Geologist, who collected the amount from the defacto complainant by offering job. It is further submitted that the petitioners are also victims of the offences committed by accused No.3.

6. The learned Senior Public Prosecutor opposed the bail application and submitted that from the materials placed, it would reveal that it is the petitioners who received money from the victim.

7. I have gone through the Case Diary. The Case Diary reveals that the petitioners collected a sum of Rs.7,00,000/- from the defacto complainant on different occasions directly as well as through account transfer.

The offences alleged are grave in nature.

8. Having regard to the nature of the allegations, I feel that the petitioners are not entitled to anticipatory bail.

9. Therefore, the bail application stands dismissed.