#cheating offence

Kerala High Court denies pre-arrest bail in a ₹3.55 lakh cheating case, holding that the gravity of the offence and the stage of investigation are decisive factors under BNSS Section 482. The ruling reinforces that pre-arrest bail cannot be granted as a matter of course, particularly when the investigation is ongoing and the offence involves significant fraud.

The Bombay High Court granted anticipatory bail to accused individuals after finding that the mere transfer of possession of property to the complainant, following payment, defeats the essential ingredient of deceit required for cheating under BNS Sections 318(4) and 3(5). This ruling clarifies that financial transactions coupled with actual delivery of possession cannot be construed as criminal fraud, offering critical protection to property sellers and transactional parties facing baseless complaints.