The court has established that pre-arrest bail can be granted if custodial interrogation is deemed unnecessary.

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 sole accused in Crime No.1084/2025 of Ottapalam Police Station, Palakkad District. The offence alleged is punishable under Section

318(4) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that, during the period from May, 2022 to May, 2025, while the de facto complainant was working in Dubai, the applicant, with the intent to cheat the de facto complainant, concealed his marriage and convinced the de facto complainant by promising to believe that he would develop business and return the money and also given promise to marry, obtained Rs.4 crores from the de facto complainant’s account through account transactions and debit card withdrawals on several times. Thereby the applicant cheated the de facto complainant. Thus, the applicant has committed the above mentioned offences.

4. I have heard Sri. P.Vijaya Bhanu, the learned senior counsel for the applicant and Sri. M.C.Ashi, 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 above crime. 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. A reading of the FIS would show that the applicant and the victim met at Dubai in the year 2018 and later on, the relationship became intense. According to the victim, the applicant borrowed a total sum of Rs.4 crores on various occasions, promising that it will be invested in the business and will be provided high returns. According to the applicant, he has borrowed only Rs.1,50,00,000/- and out of which, Rs.1,40,00,000/- were returned. To substantiate the same, Annexure 3 bank statement has been produced. According to the victim, the applicant promised that he will marry her and accordingly, she had transferred the money to the applicant. Admittedly, the applicant is a married man. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions o