The necessity for interrogation prevails over bail considerations in cases involving significant financial fraud.

ORDER

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 sole accused in Crime No.50/2025 of Cyber Crime Police Station, Palakkad District. The offences alleged are punishable under Section s 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita ( BNS ), 2023 and Section 66D of the Information Technology Act, 2000 .

3. The prosecution case, in short, is that the applicant, with the intention to cheat the de facto complainant and to fraudulently obtain money, contacted him through social media by falsely promising that he could earn huge profits through online trading. Believing such representations, the de facto complainant, during the period from 08.07.2025 to 02.09.2025, transferred a total amount of ₹42,35,925/- (Rupees Forty Two Lakh Thirty Five Thousand Nine Hundred and Twenty Five only), in several instalments, to various bank accounts as directed by the applicant. Thereafter, the applicant neither paid the promised profits nor returned the amounts so transferred, thereby cheating the de facto complainant.

4. I have heard Sri. C.C. Anoop, 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, she 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 she is released on bail at this stage, it will affect the course of the investigation.

6. There are prima facie materials to show the involvement of the applicant in the crime. The investigation conducted so far reveals that out of ₹42,35,925/- mentioned above, ₹5,00,000/- was transferred to the account of the applicant. Further verification of the account details would show that a sum of ₹2,72,45,441/- has been received in the account of the applicant. Hence, interrogation of the applicant appears to be necessary.

The learned counsel for the applicant submits that the applicant is prepared to surrender before the Investigating Officer. If the applicant appears before the investigating officer within seven days from today, the investigating officer shall interrogate her 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 her 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 learned Public Prosecutor concerned in advance.

The bail application is disposed of as above.

Sd/-