The Court clarified that pre-arrest bail requires exceptional circumstances as evidenced by serious charges and ongoing investigation.

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 accused No.4 in Crime No.452/2025 of Eloor Police Station, Ernakulam District. The offences alleged are punishable under Sections 112(2), 319(2) and 318(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023, and Section 66D of the Information Technology Act , 2000.

3. The prosecution case, in short, is that the accused Nos.1 to 3, acting together as members of an organized group, had engaged in a series of fraudulent online transactions to obtain unlawful financial gain. The accused No.1 handed over his Canara Bank account number along with its ATM card and passbook to the accused No.2, who thereafter used the account to receive and transfer money acquired through online cheating. The accused No.3, further assisted by utilizing his Bank of Maharashtra account number for transferring and concealing the fraudulently obtained funds. Acting in concert, all the accused collectively facilitated the movement and withdrawal of Rs.6,04,500/- procured through the said fraudulent means and, thereby committed the alleged offences.

4. I have heard Sri.Akhil Binoy, the learned counsel for the applicant and Smt.Sreeja V., the learned 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 underSection 482ofBNSScould 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. There is prima facie material to show the involvement of the applicant in the crime. The investigation reveals that the amount obtained by the remaining accused from the de facto complainant and others was transferred to different accounts suggested by the applicant, and thereafter, the receipt was sent to the applicant through WhatsApp.

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.

8. The learned counsel for the applicant submitted that the applicant is prepared to surrender before the Investigating Officer. The applicant shall appear before the Investigating Officer within one week 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 appl