Pre-arrest bail requires a special case and cannot be granted as a matter of course, particularly when serious accusations warrant custodial interrogation.

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 in Crime No.1630/2025 of Ernakulam Central Police Station, Ernakulam District. The offences alleged are punishable under Sections 318 (4) and

316(2) of Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the defacto complainant had pledged 13 sovereigns of gold ornaments in Nelco Finance in her name as well as in the name of her friends. The applicant, in order to cause wrongful loss to the defacto complainant and wrongful gain to himself misappropriated the gold ornaments. On 24.08.2024, when the defacto complainant went to Nelco Finance for closing the loan and taking back the ornaments, the applicant stated that there was delay in the payment of interest and the gold ornaments were not returned and thereby committed the offences.

4. I have heard Sri.Ramshad K.R., the learned counsel for the applicant and Smt.V.Sreeja, 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. 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. The statement of the CEO of Nelco Finance clearly shows the involvement of the applicant in the crime. He has stated that the applicant has committed misappropriation and he was dismissed from the company.

The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior 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/-