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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
The applicant is the sole accused in Crime No.595/2026 of Munambam Police Station, Ernakulam District. The offence alleged is punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant, while working as a Team Leader with NTEx Transportation Services Private Limited (ElasticRun), during the period from 01.07.2025 to 30.09.2025, misappropriated Cash-on-Delivery collections relating to products delivered through Flipkart and, for that purpose, created a fake domain/email address namely [email protected], thereby causing a loss of ₹16,38,808/- to the company. The applicant booked mobile phones under exchange offers, paid the exchange value, subsequently represented that the phones were lost and thereafter sold the phones, causing a further loss of ₹9,07,515/-, thereby causing a total loss of ₹25,46,323/-. Thus, the applicant committed the aforementioned offence.
I have heard Smt.Parvathi, the learned counsel for the applicant and Sri.Devadas H. Mallan, the learned 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 Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he/she 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. Specific overt act has been attributed to the applicant. The investigation conducted so far reveals misappropriation on the part of the applicant.
The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned 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.