Pre-arrest bail cannot be granted without special reasons, particularly in serious cases where the investigation might be compromised.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 23^RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947 BAIL APPL. NO. 14693 OF 2025 CRIME NO.40/2025 OF MULAVUKAD POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NO.5:

EMMANUEL GEORGE K S AGED 30 YEARS KURISHUPARAMBIL HOUSE, MALIPURAM, ELAMKUNNAPUZHA VILLAGE, MALIPURAM.P.O, ERNAKULAM DISTRICT, PIN - 682511 SMT.CAROLIN SINDHU VAZ SRI.AKHIL M S SRI. JYOTHISH P K SRI.ADITH KRISHNAN.U.

RESPONDEN T S / S TATE & DEFACTO COMPLAINAN T :

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 SUB INSPECTOR OF POLICE MULAVUKAD POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

3 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX SRI.M.C.ASHI, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 ac0cused No.5 in Crime No.40/2025 of Mulavukad Police Station, Ernakulam District. The offences alleged are punishable under Section s 406 and 420 read with Section 34 of the Indian Penal Code , 1860.

3. The prosecution case, in short, is that the accused, acting with a deliberate intention to cheat and unlawfully obtain money from the son of the defacto complainant, Mr. Anoop Joseph, deceitfully offered him employment as a Heavy Equipment Operator at Oaklen Sons Contracting Ltd., Canada, along with an assurance of securing a valid work visa. Pursuant to this alleged promise, a total sum of Rs.18,60,000/- was transferred from the account of Mr. Anoop Joseph to various bank accounts held by the accused between 20.01.2024 and 09.04.2024, out of which Rs.8,00,000/- is stated to have been routed through the account of the applicant. The prosecution further alleges that upon the arrival of the defacto complainant’s son in Canada, he was informed by the said company that no employment offer had ever been issued in his name. It is additionally alleged that, despite repeated demands, the accused, including the applicant, failed to return the amounts purportedly received under the guise of securing the said job and visa.

4. I have heard Smt.Carolin Sindhu Vaz, 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 Public Senior 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. Admittedly, the defacto complainant transferred a sum of Rs.7,00,000/- to the account of the applicant.

7. The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, th