The court emphasizes that pre-arrest bail cannot be granted as a matter of course, particularly when serious accusations exist and investigation integrity is at stake.

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.975/2025 of Peravur Police Station, Kannur District. The offences alleged are punishable under Sections 409 and 420 of the Indian Penal Code .

3. The prosecution case, in short, is that, during the period from 03.11.2020 to 16.06.2021, the applicant with dishonest intention of cheating, had received 20 sovereigns of gold ornaments of the de facto complainant and gave a loan of Rs.7,20,700/-. When the de facto complainant came to take back the gold ornaments by paying the loan amount, the applicant was not ready to return the gold ornaments. He without the permission of the de facto complainant, had pledged the above gold ornaments before KSFE, Kolayad Branch. Though the de facto complainant repeatedly demanded for the gold ornaments, the applicant was not ready to return the same. Though there was mediation and he had agreed to pay the value of the gold ornaments, he did not pay the amount. Thereby, the applicant committed the above offences.

4. I have heard Smt. Reshma E., the learned counsel for the applicant and Sri. K.A.Noushad, 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. In the FIS, there are specific allegations against the applicant. Even though the applicant has taken a contention that he has retired from the firm as per Annexure A4, there is nothing on record to show that the retirement was communicated to the Registrar of Firms and it has come into effect.

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. The bail application is, accordingly, dismissed.

Sd/-