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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the accused No.1 in Crime No.909/2025 of Perinthalmanna Police Station, Malappuram District. The offences alleged are punishable under Sections 316(5) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant along with the accused Nos.2 to 4, being the employee of the Anamangad Service Co-operative Bank, in furtherance of their common intention to deceive the defacto complainant, who is a visually impaired person, and with the intention of causing wrongful gain to themselves, dishonestly filled in the date, amount, and name in the signed blank cheque entrusted to them by the defacto complainant for transferring the fixed deposit amount in his name to his daughter's name and instead of transferring the amount of Rs.15,00,000/- to his daughter's account as instructed, the applicant transferred the said amount to his account and thereby committed the offences.
I have heard Sri.Abee Shejirik Fasla N.K., 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.
As per the order dated 07.09.2026, this Court directed the applicant to surrender before the Investigating Officer for the purpose of interrogation. Accordingly, the applicant appeared before the Investigating Officer and he was thoroughly interrogated. Thereafter, the Investigating Officer has filed a report before this Court. On going through the report, I find that the custodial interrogation of the applicant seems unnecessary.
In the result, the application is allowed on the following conditions:-
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.
The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
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.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.