Pre-arrest bail is not granted as a matter of course; serious allegations warrant custodial investigation.

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 No.2 in Crime No.795/2025 of Kalladicode Police Station, Palakkad District. The offences alleged are punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code .

3. The prosecution case, in short, is that during the period from 22.12.2023 to 31.01.2024, accused No.1 and the applicant, with the intention of cheating the defacto complainant, promised her to believe that they would provide her with a job visa in Lithuania, and for that purpose, she transferred Rs.4,00,000/- to the account of the applicant and after two months, she again transferred Rs.60,000/- for ticket fare. Thereafter, they did not provide visa or return Rs.4,60,000/- to the defacto complainant and thereby cheated her. Thus, the applicant has committed the aforementioned offences.

4. I have heard Sri.C.A.Chacko, the learned 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she 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 she 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 her part. The investigation reveals that the defacto complainant transferred an amount of Rs.4,60,000/- to the account of the applicant.

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 Senior Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if she 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/-