Statutory bail rights under Section 187(2) of the BNSS are applicable when investigation is incomplete beyond prescribed limits.

C.S.DIAS, J.

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Bail Appl. No. 14463 of 2025 ------------------------------------------------

Dated this the 9^th day of January, 2026 ORDER The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, in short), by the 2^nd accused in Crime No.1678/2023 registered by the Cheranalloor Police Station, Ernakulam, alleging the commission of offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 66 (D) of the Information Technology Act . The petitioner was arrested and remanded to judicial custody on 06.11.2025.

2. The gist of the prosecution case is that: during the period from 03.11.2023 to 11.11.2023, the accused persons had induced the defacto complainant to invest in a scheme named “UNO Coin” promising 50% profit. Although the defacto complainant transferred Rs.22,82,156/- to the accused, they failed to pay any profit and refused to return the capital. Thus, the accused have committed the above offences.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submits that the petitioner has been in judicial custody since 06.11.2025. Even though 64 days have been lapsed, the Investigating Officer has not filed the final report. Therefore, the petitioner is entitled to be released on statutory bail. Hence, the application may be allowed.

5. The learned Public Prosecutor opposes the application. He submits that the investigation is in progress. If the petitioner is enlarged on bail, it would hamper the investigation. Hence, the application may be dismissed. Nonetheless, he does not dispute the fact that the investigation in the case is not complete, the charge sheet has not been filed and that the petitioner has been in judicial custody for the last 64 days.

6. The prosecution allegation against the petitioner is that, he along with the other accused persons have cheated the defacto complainant by assuring her to give profit on her investment. However, they failed to pay the profit and refused to return the capital.

7. The fact remains that the petitioner has been in judicial custody for the last 64 days, the offences alleged against the petitioner are punishable upto a period of ten years, the investigation in the case is not complete and the charge sheet has not been filed.

8. In the aforementioned context, it is apposite to refer to Section 187 (1) to (4) of the BNSS , which reads as follows:

187. Procedure when investigation cannot be completed in twenty-four hours. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit