The court highlighted that pre-arrest bail is not automatic and requires special circumstances, especially where serious allegations of cheating are involved.

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 applicants are the accused Nos.1 and 2 in Crime No.1326/2025 of Cantonment Police Station, Thiruvananthapuram District. The offence alleged is punishable under Section 318 (4)

read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that in furtherance of the conspiracy hatched among the applicants and accused No. 3 with the dishonest intention to cheat the de facto complainant, they induced her to believe that there existed a scheme whereby an amount of ₹20,00,000/- would be returned upon payment of an initial amount of Rs.10,00,000/-. Accordingly, on 08.10.2025 at 1:00 p.m., the defacto complainant paid Rs.10,00,000/- to the accused No.3 inside the side gate of Kerala University for which the accused No.3 had issued some lottery tickets. However, the accused misappropriated the amount and failed to return it despite repeated demands, thereby committed the offence of cheating.

4. I have heard Sri.Alexander George, the learned counsel for the applicants and Smt.Sreeja V., the learned Senior Public Prosecutor. 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 Senior Public Prosecutor, 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. I went through the FIS as well as the additional statement of the defacto complainant. Specific overt act has been alleged against the applicants. The defacto complainant has lost Rs.10,00,000/-. 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 Senior Public Prosecutor, 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 of could be invoked.

The bail application is, accordingly, dismissed.

Sd/-