Pre-arrest bail is not granted as a matter of course; a strong case must be established, considering the gravity of the accused's actions.

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.503/2025 of Town South Police Station, Ernakulam District. The offences alleged are punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code .

3. The prosecution case, in short, is that the accused entertained an intention to deceive the de facto complainant and promised that there are certain money lying in the credit of the Reserve Bank of India in the name of one Mahesh and Devendran. If tax is paid, that amount will be released and a portion of the amount will be paid to the de facto complainant. Based on the representation and inducement of the accused during the period from 14.08.2019 to 30.05.2023, from the account of the wife of the de facto complainant Rs.28,10,000/- was transferred to the account of the accused No.1. The amount was not repaid so far. Thus, the applicant has committed the aforementioned offences.

4. I have heard Smt. Vijayakumari, the learned counsel for the applicant, Sri. K.A.Noushad, the learned Senior Public Prosecutor and the learned counsel for the de facto complainant. 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. 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. Admittedly, Rs.28,10,000/- has been transferred to the account of the applicant, out of which only Rs.9 lakhs was repaid. The allegation also constitutes the creation of false documents of the Reserve Bank of India and impersonation to deceive the de facto complainant, which is very serious in nature.

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.

Sd/-