Pre-arrest bail under Section 482 BNSS not granted due to serious cheating allegations, early investigation stage, and custodial interrogation needs.

O R D E R

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.339/2026 of Pala Police Station, Kottayam District. The offence alleged is punishable under Section 420 of the Indian Penal Code .

3. The prosecution case, in short, is that the informant is a widow and she has a daughter, who was desirous of obtaining an employment. The applicant got acquainted with the sister of the informant and the informant also got acquainted with the applicant. Thereafter, the applicant deceived the informant by making her believe that he had procured job to several peoples and if cash is given to him, he would procure a job for the daughter of the informant in the Coconut Development Board. Thereafter, with dishonest and fraudulent intention of making wrongful gain for himself and corresponding wrongful loss to the informant, the applicant promised the informant to procure a job to her daughter having basic salary of Rs.73,000/- and during the period from 2022 May till 2024 March, the applicant induced her to pay a total sum of Rs.38,00,000/- and deliver 4 sovereigns of gold on the pretext of giving it to political party members and the Minister. Thereafter, the applicant failed to return the cash and gold ornaments or to procure job as promised and committed cheating. The amounts given to the applicant were withdrawn from the accounts maintained by the informant and her daughter in State Bank of India, Poovarani Branch, Kerala Gramin Bank, Paika Branch, etc.

4. I have heard Sri. P.C.Haridas, 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. Specific overt act has been attributed against the applicant in the FI Statement.

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.