Anticipatory bail in serious corruption cases requires exceptional circumstances, which the applicant failed to demonstrate.

ORDER :

1. This is an application for anticipatory bail, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the sole accused in Crime No.1688/2025 of Muvattupuzha police station, Ernakulam.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the records, and the case diary at length.

3. Here, the prosecution alleges commission of offences punishable under Sections 465, 468, 471, 409 and 420 of the Indian Penal Code as well as under Section 13 (1)(c) r/w 13(2) of the Prevention of Corruption Act, 1988, by the sole accused in this case.

4. The prosecution allegation is that the accused had worked as a writer of Traffic Enforcement Unit, Muvattupuzha during the period from 2009 to 31.10.2021. During 2015, the money collected by various police officers was entrusted to the accused, after recording the same in the TR-5 Book, which was meant for deposit in State Bank of India, Aluva Branch in A/c.No.30721006307, and also in A/c.No.08652 of State Bank of India, Aramanappady Branch. While depositing the amount, the petitioner/accused, by preparing the original, duplicate and triplicate expenditure voucher slips, showed a lesser amount than what was actually deposited. After obtaining the seal of the Bank, she used to enter the amount as per the TR-5 Book, by manipulating and falsifying the same, and thereafter retained the balance. The further allegations is that, in that way, the accused misappropriated a sum of Rs.20,90,750/- (Rupees Twenty Lakh Ninety Thousand Seven Hundred and Fifty only).

5. The learned counsel for the petitioner, while pressing for grant of anticipatory bail, argued at length by highlighting the petitioner’s status as a widow and the existence of some grudge against her by a police constable. According to the learned counsel, there is allegation that the petitioner purchased property and constructed a building etc., by using the funds misappropriated, but the same could not be justified and according to the learned counsel, Annexure A3 – copy of the title deed, Annexure A4 – copy of the loan granting proceedings, and Annexure A5 – copy of the bank statements, would show that the income earned by the petitioner during the relevant period was from accountable sources. According to the learned counsel, Sub-Inspectors also worked in the police unit, and the petitioner had no role in remitting the amount. Therefore, the petitioner is absolutely innocent of the allegations. It is further submitted that the petitioner is willing to abide by any conditions that may be imposed as a pre-requisite for the grant of anticipatory bail, and she is ready to co-operate with the investigation.

6. Whereas, the learned Public Prosecutor, while opposing the bail application of the petitioner in connection with the misappropriation of Rs.20,90,750/- (Rupees Twenty Lakh Ninety Thousand Seven Hundred and Fifty only), placed the detailed report of the Investigating Officer and the entire case diary. According to the learned Public Prosecutor, during the period of misappropriation, the petitioner alone dealt with the job of writer and dealt with the money and she was engaged in making entries in TR-5 Book as well as the expenditure voucher slip in original, duplicate and triplicate. The learned Public Prosecutor would submit that, while the petitioner remitted amounts in the Banks, she did not deposit the entire amount actually collected as per the TR-5 Book, and only a lesser amount was remitted. Thereafter, on obtaining the original and duplicate slips, the accused manipulated and falsified the same by showing the amount as per the TR-5 Book, so that the manipulation could not be detected without verifying the Bank accounts. It is also pointed out by the learned Public Prosecutor that the net salary of the petitioner is around Rs.30,000/-, out of which, as evident from Annexure A4 – loan sanctioning letter issued by LIC, she has to pay Rs.21,000/- towards EMI. That ap