Pre-arrest bail may be granted when the essential elements of cheating, specifically inducement to part with money, are not clearly established and custodial interrogation is deemed unnecessary given the facts and the accused's lack of criminal antecedents.

AGAINST THE ORDER DATED 01.09.2026 IN BA NO.773 OF 2026 OF ADDITIONAL DISTRICT COURT (ADHOC), KOTTAYAM

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.

The applicant is the sole accused in Crime No.757/2026 of Kanjirappally Police Station, Kottayam District. The offence alleged is punishable under Section 318 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS').

The prosecution case, in short, is that the applicant, who is an Advocate Clerk at Nedumangadu, with the intention of deceiving the defacto complainant and causing wrongful loss to her and securing wrongful gain for himself, induced her to believe that he would arrange advocates for conducting her cases pending before the Kanjirappally Court and collected a total amount of Rs.62,500/- from her on several occasions. He further promised to get the cases transferred from the Kanjirappally Court and, on that pretext, collected Rs.38,000/- towards the expenses for taking a rented house at Thodupuzha, besides amounts towards advocate's fee, travelling expenses and other expenses, totalling Rs.1,80,000/-. When the matters did not proceed as promised by the applicant and the defacto complainant stated that she would lodge a complaint against him, the applicant, in the presence of mediators, issued a cheque dated 02.01.2026 for Rs.2,50,000/- drawn on Indian Bank, Aruvikkara Branch, after intentionally making alterations in the cheque. When the defacto complainant presented the said cheque before Canara Bank, Kanjirappally, the cheque was dishonoured. Thus, the applicant committed the aforementioned offences.

I have heard Sri.M.R.Sarin, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. 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.

The crime was registered pursuant to a private complaint filed by the defacto complainant before the jurisdictional Magistrate. The applicant is an Advocate Clerk by profession. The defacto complainant admits that the applicant had entrusted her cases to various advocates, as promised by the applicant. There is no allegation of any inducement to part with money so as to attract Section 318 of the BNS. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) 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 applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact an