Pre-arrest bail requires a compelling case, particularly in serious allegations where custodial interrogation is necessary.

ORDER

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicants are the accused Nos.2 and 3 in Crime No.1095/2025 of Mannarkkad Police Station, Palakkad District. The offences alleged are punishable under Sections 335 (A)(i), 340(2), 318(3), 316(2), 316(4), 316(5), 318(4), 336(3)

and 338 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the accused No.1 who is the Secretary of the Mannarkkad Co- operative Urban Credit society, with the help of applicant Nos.2 and 3 who are the clerks of the said society committed fraud by showing that loans were given to the depositors of the society by forging the documents and through that, without returning the amount after the expiry of the deposits, committed breach of trust and cheated the society without producing the amount of Rs.1,73,40,343/- during the investigation. Thus the applicants committed the offences alleged.

4. I have heard Sri.S.Rajeev and Sri.T.K.Sandeep, the learned counsel for the applicants and Sri.M.C. Ashi and Sri.K.A. Noushad, the learned Senior Public Prosecutors. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. The learned Public Prosecutors, on the other hand, submitted that the alleged incident occurred as part of the applicants' intentional criminal acts, and if they are 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 applicants is very serious in nature, and it prima facie shows a premeditated criminal act on their part. The applicants were working as clerks of the society during the relevant period. The accused No.1 is the Secretary. The allegation is that accused No.1 committed misappropriation with the help of the applicants. The misappropriated amount involved is huge. Considering the facts and circumstances, the applicants have to be interrogated.

7. The investigation is in a preliminary stage. The custodial interrogation of the applicants is necessary for the investigation. As rightly argued by the learned Public Prosecutors, the possibility of the applicants influencing the witnesses and interfering with the investigation cannot be ruled out if they are 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 applications are, therefore, dismissed.

Sd/-