Court may grant pre-arrest bail when custodial interrogation is unnecessary, considering the nature of allegations and investigation status.

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.827/2025 of Sreekandapuram Police Station, Kannur District. The offences alleged are punishable under Sections 406 and 420 read with 34 of the Indian Penal Code .

3. The prosecution case, in short, is that, on different dates during the period from 08.11.2019 to 15.12.2023, the accused (A1& A2), together with dishonest intention of cheating, had induced the de facto complainant by offering the job visa as Caretaker in Israel and received a total amount of Rs.6,38,900/- directly and through account transfer. They have neither arranged the visa nor returned the cash. Thereby the applicant has committed the offences.

4. I have heard Sri. K.Mohammed Rafeeq, 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 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. In similar cases, the applicant was granted anticipatory bail by this Court holding that he is only an employee of the accused No.1. The accused No.1 has already been released on bail. The investigation is almost over. 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/-

DR. KAUSER EDAPPAGATH JUDGE ARK APPENDIX OF BAIL APPL. NO. 12391 OF 2025 PETITIONER ANNEXURES ANNEXURE-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 827/2025 OF SREEKANDAPURAM POLICE STATION.

ANNEXURE-2 TRUE COPY OF THE BAIL ORDER DATED 31.01.2025 IN BA NO. 10795/2024 ON THE FILE OF THE HONOURABLE HIGH COURT OF KERALA.