Pre-arrest bail may be denied if the accusations are serious and custodial interrogation is necessary.

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.1 in Crime No.1195/2025 of Kondotty Police Station, Malappuram District. The offences alleged are punishable under Sections 316(2) and 318(4) read with Section 3 (5)

of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that, during the period from 17.06.2024 to 14.10.2024, the accused Nos. 1 and 2, with an intention to defraud the de facto complainant executed a sale agreement of a bus bearing registration number KL 10 BE 1756 with its permit for an amount of Rs.15,50,000/- (Rupees Fifteen lakhs fifty thousand only) on 18.06.2022 and thereby promised to sell the same to the de facto complainant after receiving a cheque of Rs. 7,50,000/- (Rupees Seven lakhs fifty thousand only) towards the loan account of the said bus and an amount of Rs. 8,00,000/-(Rupees Eight Lakhs only)

to the accused No.2. Apart from the same, an amount of Rs. 50,000/- (Rupees fifty thousand only) was sent by the de facto complainant to Smt. Sanooja on 14.10.2024 as directed by the accused No.2. Thereafter the accused have not transferred the registration of the bus to the de facto complainant and the said bus has been sold to third party and thereby the applicant along with the other accused committed the above said offences.

4. I have heard Sri. K.Mohammed Rafeeq, 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. The agreement would show that towards the sale consideration of Rs.15,50,000/-, Rs.7,50,000/- has been paid towards the loan and the balance amount of Rs.8,00,000/- was given in cash to the applicant through the accused No.2. Admittedly, the bus has not been given to the de facto complainant. The applicant and the accused No.2 are accusing each other.

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 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.

The applicant is granted one week time from today to comply with the direction in the order of the learned Sessions Judge to surrender before the investigating officer.