Pre-arrest bail requires a special case and cannot be granted as a matter of course, especially regarding serious charges.

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. 5 in Crime No.

812/2025 of Mayyil Police Station, Kannur District. The offences alleged are punishable under Sections 465, 468, 471 and 420 read with Section 34 of the IPC.

3. The prosecution case, in short, is as follows:

During the period from 1.1.2010 to 31.12.2024, the applicant along with the remaining accused in furtherance of their common intention of cheating, had induced the defacto complainant by giving an offer of purchase of landed property in his name. The accused had fabricated forged documents and made him believe that those are original documents and received cash of ₹61,86,94,149/-. Thereafter, the accused have neither given the land offered by them nor returned the cash received and thereby committed the offences.

4. I have heard Sri. P.K. Varghese, 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. In the investigation conducted so far, the specific role of the applicant in the crime has been revealed. Huge amount was received in the account of the applicant as well. The applicant has criminal antecedents.

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/-