Claims of innocence require substantial evidence; bail granted where custodial interrogation not necessary.

ORDER

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicants in Bail Appl. No.1218 of 2026 are the accused Nos.3 and 4 and the applicant in Bail Appl. No.1236 of 2026 is the accused Nos.1 in Crime No.38/2026 of Maradu Police Station, Ernakulam District. The offences alleged are punishable under Section 308 (2) read with Section 3(5) of the Bharatiya Nyaya Sanhita , 2023 and Section 66E of the Information Technology Act , 2000.

3. The prosecution case, in short, is that the applicants along with the other accused persons, with an intention to extort money from the de facto complainant, recorded nude visuals of the de facto complainant and one of the accused persons in January, 2025. They threatened him stating that these visuals would be transmitted to his wife and daughter and accordingly on 02.07.2025 and 02.08.2025 extorted Rs.5,50,000/- from him and thereby committed the aforesaid offences.

4. I have heard Sri. K.P.S.Jalaluddeen Mohmmed, the learned counsel for the applicants and Smt. Sreeja.V and Sri. K.A.Noushad, the learned Senior Public Prosecutors. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutors, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. I went through the FIS. There are specific allegations against the accused No.1, who is the applicant in Bail Appl. No.1236 of 2026. The investigation is in a preliminary stage. Considering the nature of the allegations levelled against the accused No.1, her custodial interrogation appears to be necessary. However, no specific overt acts have been alleged against the accused Nos.3 and 4, who are the applicants in Bail Appl. No.1218 of 2026. They have no criminal antecedents as well. Hence, I am of the view that their custodial interrogation is not necessary and pre-arrest bail can be granted to them.

In the result, Bail Appl. No.1236 of 2026 is dismissed and Bail Appl. No.1218 of 2026 is allowed on the following conditions:-

(i) The applicants in Bail Appl. No.1218 of 2026 shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicants in Bail Appl. No.1218 of 2026 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants in Bail Appl. No.1218 of 2026 shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants in Bail Appl. No.1218 of 2026 shall not commit any offence of a like nature while on bail.

(v) The applicants in Bail Appl. No.1218 of 2026 shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants in Bail Appl. No.1218 of 2026 shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of ba