The court emphasizes that pre-arrest bail should not be granted as a matter of course and must consider the gravity of accusations and the investigation's stage.

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.7 in Crime No.242/2024 of Edakkara Police Station, Malappuram District. The offences alleged are punishable under Sections 354D and 420 of Indian Penal Code , 1860 and Sections 66D and 67 of the Information Technology Act , 2000.

3. The prosecution case, in short, is that during December 2023, the de facto complainant availed of a loan of Rs.4,000/- through the Cyber Card App and even after closing the loan with interest on the same month itself, the applicant claimed that the de facto complainant had availed a loan in January 2024 and that if she did not repay it, he would sent her morphed nude photographs to her relatives and others. It is further alleged that the applicant sent the said photographs to the de facto complainant and obtained Rs.43,500/-from her on several occasions by threatening her continuously and thereby committed the offences.

4. I have heard Sri.Ramesh Babut, 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 investigation so far conducted revealed that from the account of the de facto complainant, Rs.7,000/- was transferred to the account of accused No.1 and Rs.29,500/- was transferred to the account of the accused No.2. On the same day, Rs.7,000/- was transferred from the account of accused No.1 to the account of accused No.3. It is further revealed that from the account of accused No.2, a sum of Rs.29,500/- was transferred to the account of the applicant. Thus, it prima facie shows the involvement of the applicant in the crime.

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. The applicant is granted one week time from today to appear before the investigating officer as directed in the order of the Sessions Court.