Granting of bail based on lack of evidence for custodial interrogation.

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.2 in Crime No.1796/2025 of Kattappana Police Station, Idukki District. The offences alleged are punishable under Sections 3 18(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’)

3. The prosecution case, in short, is that the accused, with dishonest intention, induced the defacto complainant by falsely assuring her that a nursing admission in Kerala would be secured for her daughter. Believing the said assurance, the defacto complainant paid an amount of Rs.2,00,000/- (Rupees Two Lakhs only) on 29.09.2025 from her husband's account No.14260100263130 maintained at Federal Bank, Kattappana, and a further sum of Rs.40,000/- on 30.10.2025 from her account No.427702010017154 maintained at Union Bank, Thankamani, and thus a total amount of Rs.2,40,000/- was transferred to accused No.1’s account No.0079053000020151 maintained at South Indian Bank, Thiruvalla. After receiving the said amount, the accused failed to secure the admission as promised, also failed to return the money and thereby committed the aforesaid offences.

4. I have heard Sri.Ajmal V.A., the learned counsel for the applicant and Sri.K.A.Noushad, 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. Admittedly, the entire amount was paid to accused No.1 and the main allegation is against accused No.1. Accused No.1 has already been granted bail. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-

arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-