Pre-arrest bail granted under conditions to ensure cooperation with investigation and prevent tampering of evidence.

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.400/2025 of Kazhakkoottam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 409 , 420 and 120B of the IPC .

3. The prosecution case, in short, is that the applicant along with the accused No.1 had promised to provide 33.33% of shares and ₹2,00,000/- as consultancy fees every month to the defacto complainant, thereafter failed to abide by the said promise, committed criminal breach of trust and cheating and thereby committed the offences.

4. I have heard Sri. K.P. Sujesh Kumar, 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 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 applicant is at present in the USA. The learned counsel for the applicant submitted that the applicant is prepared to come down to India and will co-operate with the investigation as and when directed by this Court. The allegation against the applicant as well as the accused No.1 is similar. The accused No.1 was granted pre-arrest bail as per Annexure A3 order. During the pendency of the bail application, he appeared before the investigating officer and he was interrogated. Thereafter, the investigating officer reported that custodial interrogation is not necessary. Accordingly, pre-arrest bail was granted to the accused No.1. Since the applicant and the accused No.1 are in the same footing, the custodial interrogation of the applicant also may not be necessary. However, the applicant should come down to India and appear before the investigating officer for interrogation. Hence this bail application is disposed of as follows:

i. The applicant shall come down to India to appear before the investigating officer within one month from today.

ii. The applicant shall appear before the investigating officer on the third day of his arrival in Kerala at 10 am.

iii. The investigating officer is free to interrogate him on the said day and also, if required on the subsequent days.

iv. In the event of the applicant being arrested by the investigating officer, he shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

v. The applicant shall appear before the investigating officer for interrogation if he is so required in writing and shall co-

operate with the investigation.

vi. The applicant shall not destroy or tamper with the evidence or intimidate or threaten or contact the defacto complainant.

vii.The applicant shall not commit any other similar offences while he is on bail.

viii. The applicant shall not leave India without the permission of the court having jurisdiction.

Sd/-