Pre-arrest bail may be denied where the accusations indicate serious offenses and the potential for jeopardizing the investigation.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused No.5 in Crime No.3/2025 of Cyber Crime Police Station, Malappuram District. The offences alleged are punishable under Sections 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’) and Section 66 (D)

of the Information Technology Act (for short ‘IT Act’).

3. The prosecution case, in short, is that, the defacto complainant was allegedly induced by the accused to invest an amount of Rs.3,24,09,000/- between March 18 and April 7, 2025, through online promotions on Facebook and WhatsApp relating to platforms named “ASK-IATOP” and “484 ASK HNW Capital”. Believing the representations to be genuine, the complainant transferred the funds from his HDFC Bank account to various unknown accounts, and thereby the accused cheated the defacto complainant and thereby committed the offences alleged.

4. I have heard Sri.P.C. Muhammed Noushiq, the learned counsel for the applicant and Sri.M.C. Ashi, the learned Senior 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 no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is 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 under Section 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 applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part.

7. The applicant, along with other accused, is alleged to have cheated the defacto complainant of a large amount of money. The investigation conducted so far reveals that twice sum of Rs.25,000/- has been credited to the account of the applicant.

Moreover, he has received commission from accused No.6.

8. Having regard to the facts and circumstances of the case, this Court is of the view that applicant cannot be protected with an order of anticipatory bail, lest the entire investigation become curtailed.

9. However, if in case the applicant surrenders before the Investigating Officer within a week and if in case, after interrogation, the Investigating Officer is of the opinion that the applicant is to be arrested, he shall be produced before the jurisdictional Magistrate without undue delay and if any bail application is filed, the same shall be considered without undue delay.

This bail application is dismissed with the above observations.

Sd/-