Bail granted based on necessity, cooperation with investigation highlighted.

ORDER 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.549/2025 of Elamakkara Police Station, Ernakulam District. The offences alleged are punishable under Sections 316 (2) and 318(4) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ).

3. The prosecution case, in short, is that the applicant Nos. 1 and 2 in collusion with accused No.3 Ashik, conspired to cheat the defacto complainant. It is alleged that under the guise of the financial requirement for the company named “Y-Fly International” owned by the applicant No.2, they persuaded the defacto complainant to permit a transaction through his bank account. Consequently, a sum of Rs.5,50,000/- was credited on 04.07.2025 from a CA Bank account to the State Bank of India account of the defacto complainant, which amount was later withdrawn in cash.

4. I have heard Sri.P. Sanjay, the learned counsel for the applicants and Sri. K.A Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. This Court, as per order dated 05.12.2025, directed the applicants to be present before the Investigating Officer on 14.12.2025 and 15.12.2025 to facilitate the investigating officer to interrogate them. The learned Public Prosecutor submitted that, pursuant to the said direction, the applicants appeared before the investigating officer and were interrogated. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

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

(i) The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each 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 applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

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

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

(v) The applicants 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 applicants 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.

Sd/-