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Judgment
This is the second application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
The applicant is the accused No.1 in Crime No.422/2026 of Mannar Police Station, Alappuzha District. The offence alleged is punishable under Section 112 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant, along with other accused persons with an intention to deceive the defacto complainant and other persons, received amounts from them by practicing deception on them for the period from 15.11.2025 to 04.02.2026. The accused persons thereafter withdrew money, misappropriated the amount and thereby committed the aforesaid offence.
I have heard Sri.Simon A.Muthalaly, 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 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.
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 details of the amount transferred from the de facto complainant’s account to the applicant’s account, as furnished by the learned Senior Public Prosecutor would show that during the period from 15.11.2025 to 04.02.2026, a total sum of Rs.27,24,407/- was credited to the account of the applicant from the de facto complainant and others through 13 different transactions.
The first pre-arrest bail application was dismissed with a finding that the accusation made against the applicant was very serious in nature and it prima facie shows a premeditated criminal act on his part. It was also found that the custodial interrogation of the applicant is necessary for the purpose of investigation. Absolutely no change of circumstances has been canvassed in this bail application.
The applicant has not made out a case for invoking the extraordinary jurisdiction vested with this Court under Section 482 of the BNSS for the second time.
The bail application is, accordingly, dismissed.