Pre-arrest bail under Section 482 of BNSS depends on establishing a special case; custody is necessary due to serious allegations and ongoing investigations.

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 in Crime No.03/2025 of Cyber Crime Police Station, Kannur District. The offences alleged are punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology Act , 2000.

3. The prosecution case, in short, is that during the period 10 a.m. on 17.09.2025 and 19.10.2025, the applicant together in furtherance of their common intention of cheating, had contacted the defacto complainant from two different mobile numbers and impersonated as they are officials of the Crime Branch Police, Mumbai and made him believe that by using his PAN card, some crimes against nation were committed and for which, Mumbai Police had registered a case and demanded cash for payment in the Court. Accordingly, the defacto complainant had paid Rs.32,94,000/- from his different accounts to the accounts suggested by the applicant and thereby committed the offences.

4. I have heard Sri.Praveen H. Harikumar, 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 investigation reveals that the defacto complainant has paid a total sum of Rs.32,94,000/- to various accounts suggested by 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 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.

Sd/-