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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.908/2025 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 with the common intention to cheat the defacto complainant, who is a visually impaired person and to make unlawful gain, the applicant, an employee of Anamangad Service Co-operative Bank along with other accused persons made the defacto complainant to believe that they would transfer Rs.15,00,000/-from his bank account to the account of his daughter and made him to sign on some documents and later, forged the documents and transferred the money to the bank account of the applicant on 05.05.2025, cheated the defacto complainant and thereby the applicant committed the offences.
I have heard Sri.Abee Shejirik Fasla N.K., the learned counsel for the applicant and Sri.Vinay V., 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 matter has been referred to mediation where it was settled. Parties have entered into an agreement. As per the mediated settlement agreement, the applicant has agreed to pay a sum of Rs.15,50,000/- to the defacto complainant in two installments. In view of the settlement, I am of the view that the custodial interrogation of the applicant is not necessary. 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:-
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 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 India 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.
The mediation agreement will form part of this bail order.