The court outlines the procedure for pre-arrest bail under the Bharatiya Nagarik Suraksha Sanhita, addressing allegations of fraud and investigative needs.

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.1 in Crime No.768/2025 of Murikkassery Police Station, Idukki District. The offences alleged are punishable under Section s 406 , 420, 465 and 468 read with Section 34 IPC .

3. The prosecution case, in short, is that the applicant along with other accused persons with an intention to cheat the defacto complainant and to make unlawful gain, promised job for the defacto complainant and his friends at South Korea, and obtained and amount of Rs.2,50,000/- from the defacto complainant and his friends. But the accused persons not provided the job as promised nor returned the amount obtained and issued fake offer letter and flight tickets and thereby committed the aforementioned offences.

4. I have heard Sri. Anto Thomas Palatty, 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 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. There are prima facie materials to connect the applicant with the crime. However, he was in judicial custody for nearly 75 days in 12 other cases. This case was registered while he was in judicial custody. Considering the allegations levelled against the applicant, I am of the view that he has to be interrogated by the investigating officer. Hence, the bail application is disposed of as follows -

The applicant shall appear before the investigating officer within three weeks from today. On such surrender, the investigating officer shall interrogate him and after interrogation, if the investigating officer forms an opinion that the applicant is to be arrested, the investigating officer shall record the arrest of the applicant and produce him before the jurisdictional Magistrate. The bail application, if any, moved by the applicant shall be disposed of by the learned Magistrate, in accordance with law, as far as possible on the same day itself.

A copy of the bail application shall be given to the concerned learned Public Prosecutor in advance.

Sd/-