Pre-arrest bail is contingent upon the necessity for further investigation into the applicant's involvement in the alleged crime.

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 accused No.4 in Crime No.637/2025 of Kunnamangalam Police Station, Kozhikode District. The offences alleged are punishable under Sections 127 (2), 309(4) and 309(6) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that accused No.1, having established a friendship with the defacto complainant, along with accused Nos.2 to 4, acted with common intention to commit the crime. They lured the defacto complainant to a house at Vellarukunnummal, Madavur Amsom, stripped him naked and took photos. Then they forcibly seized his phone and transferred Rs.1,35,000/- via Google Pay to the number of accused No.1. Subsequently, they extorted an additional sum of Rs.10,000/- via a friend’s Google Pay and demanded more money by threatening to send the naked videos to his family.

4. I have heard Sri.K.Rakesh, the learned counsel for the applicant and Smt.Sreeja V., 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 above crime. 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. It is true that the main allegations are against accused No.1. The amount was transferred to the account of accused No.1 However, it was revealed in the investigation that accused No.1 transferred an amount of Rs.5,000/- to the wife of the applicant. In these circumstances, I am of the view that the applicant has to be interrogated. Hence, the following order is passed:

The applicant shall surrender before the investigating officer within a week from today. On such surrender, the investigating officer is free to interrogate him. On interrogation, if the investigating officer forms an opinion that the applicant needs to be arrested, after recording his arrest, he shall be produced before the jurisdictional Magistrate on the same day itself. The bail application, if any, filed by the applicant shall be disposed of by the jurisdictional Magistrate, in accordance with law, preferably on the same day itself. The applicant shall give a copy of the bail application in advance to the Prosecutor concerned.

The bail application is disposed of as above.

Sd/-