Pre-arrest bail was granted based on absence of prior criminal history and cooperation with investigation despite serious allegations.

ORDER 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.3 in Crime No.708/2025 of Kasaba Police Station, Palakkad District. The offences alleged are punishable under Sections 316 (2), 318(4) and 351(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short, BNS ).

3. The prosecution case, in short, is that during the period from 04.12.2022 to 18.06.2025, the applicant, in concert with other accused persons, persuaded the de facto complainant to invest money in cryptocurrency trading on the assurance of a 9% return, thereby committing the offences of cheating and criminal breach of trust and occasioning a ₹

cumulative loss of 1,02,74,200/-. It is further alleged that, upon the complainant seeking the repayment of her money and the return of her gold ornaments, the accused issued threats, warning that she would be deprived of her assets and that she and her family would be falsely implicated in a criminal case. Accordingly, the applicant is alleged to have committed the aforesaid offences.

4. I have heard Sri.Navaneeth.N.Nath, 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 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. The main allegation is against accused No.1. A reading of the First Information Statement would show that amount was transferred to the account of the applicant as well, as directed by accused No.1. Moreover, it is seen that accused No.1 has returned Rs.39,93,000/- to the defacto complainant. The applicant does not have any criminal antecedents. 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 or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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