Pre-arrest bail is denied in cases involving serious accusations and the necessity for custodial interrogation to prevent interference with the investigation.

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.2 in Crime No.1382/2025 of Thaliparamba Police Station, Kannur District. The offence alleged is punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. The prosecution case, in short, is that during the period from 02.03.2022 to 30.08.2022, the accused with the common intention of cheating, contacted the defacto complainant and represented that they are conducting a Jewellery by name "Melora" at Chiravakku, Taliparamba and they are giving loan without interest on deposit of gold and received 240.03 grams of gold and gave an amount of Rs.9,44,000/-. Then, on 05.04.2022, they had received 95 grams of gold and gave cash of Rs.3,76,000/- and on 30.08.2022, received another 55.21 grams of gold and gave a loan of Rs.2,00,000/-. When the defacto complainant approached the accused to take back the gold with money on maturity of the loan, they refused to give the gold and thereby, the applicant had committed the above offence.

4. I have heard Sri.T.H.Raihanath, the learned counsel for the applicant and Smt.Sreeja V., 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 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 investigation reveals that the defacto complainants have pledged gold ornaments with the applicant and the accused No.1 and they have not returned it so far. Specific overt act has been alleged against the applicant. The applicant has criminal antecedents.

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/-