The court emphasized the necessity of pre-arrest bail provisions while considering the seriousness of the allegations and the impact on ongoing investigations.

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the accused No.2 in Crime No.11/2023 of Cyber Crime Police Station, Idukki District. The offences alleged are punishable under Section 420 r/w Section 34 of the Indian Penal Code , 1860 and Section 66D of the Information Technology Act , 2000.

3. The prosecution case, in short, is that the applicant and other accused in furtherance of their common intention in order to cheat and to obtain unlawful gain and to cause unlawful loss to the defacto complainant, by offering online part time job and obtained an amount of Rs.12,43,200/- from her for the period from 20.10.2023 to 21.10.2023 from Federal Bank, Kumaly branch and South Indian Bank, Kumaly branch on several times. Thereafter, the accused neither provided any online part-time job nor returned the money and cheated her and thereby committed the offences.

4. I have heard Sri.Raffeekh Kottackal, 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 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. The investigation conducted so far reveals that Rs.3,40,000/- has been received by the applicant through his account. That apart, in Annexure-3 complaint given by the applicant, he has admitted that he received Rs.13,00,000/- from accused No.1.

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 Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. The bail application is, accordingly, dismissed.