Pre-arrest bail under Section 482 of BNSS is justified in serious allegations only if special circumstances exist, which are not present here.

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 sole accused in Crime No.909/2025 of Koorachundu Police Station, Kozhikode District. The offence alleged is punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita, 2023 (BNS) .

3. The prosecution case, in short, is that between

12.03.2024 and 03.11.2025, the applicant induced the defacto complainant to part with a total sum of Rs.3,50,000/- promising that he would provide visa to the defacto complainant to go to Germany and thereafter, cheated the defacto complainant without providing visa or returning the amount and thereby committed the offence.

4. I have heard Smt.Vanesha Viswambaran, the learned counsel for the applicant and Sri.M.C.Ashi, 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 amount has been sent to the account of the applicant through bank transfer as well as Google Pay. The applicant has criminal antecedents. He is involved in eight other crimes.

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/-