Anticipatory bail may be granted if there is a prima facie case and based on the nature and seriousness of the allegations.

O R D E R

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioners are accused Nos.1 and 2 in Crime Nos.715/2025 and 716/2025 of Medical College Police Station, Kozhikode. The offence alleged against the petitioners is punishable under Sections 316 (5) of the Bharatiya Nyaya Sanhita ( BNS ).

3. The prosecution case is as follows:

The petitioners 1 and 2 are the President and Secretary respectively of Nellikkode Woman Co-operative Society. The defacto complainants made fixed deposits in the bank. They presented the fixed deposit receipts for return of the amount. The secretary and President informed them that the receipts were not genuine and they refused to return the amount. The petitioners misappropriated the funds deposited by the de-facto complainants.

4. The case of the petitioners in Annexure AVI order reads thus-

“1^st accused is the Secretary and 2^nd accused is the President of Nellikkode Woman Co-operative Society. Alleging that petitioners have misappropriated the Fixed Deposit amounts from various customers during the period from 01.01.2021 to 31.08.2025, the present false case was registered based on a FI statement lodged by the defacto complainant who is one of the customers of the Society. Petitioners would submit that they are innocent of the allegations and they never committed the offence as alleged against them. 2nd accused is working as the President of the Society for the past 4 years. The alleged malpractices in the Society was done by one Mr.Anuraj who was working as a Clerk in the Society. He had indulged in several fraudulent activities with deposit bonds of various members including the defacto complainant. Unfortunately before the registration of the crime, the said Anuraj committed suicide knowing about his faults. Moreover, the deposit receipts produced by the defacto complainant are forged receipts for which these petitioners have no role at all. ” (sic)

5. Heard the learned for the petitioners, learned counsel appearing for the victims and the learned Senior Public Prosecutor.

6. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged. It is their case that a clerk by name, Anuraj committed malpractices in the bank and the Managing Committee initiated disciplinary action against him. The learned counsel for the petitioners submitted that Anuraj committed suicide. It is the specific case of the petitioners that the fixed deposit receipts produced by the defacto complainants are not genuine.

7. The learned counsel for the defacto complainants/victims, relying on certain fixed deposit receipts, submitted that the President and the Secretary themselves issued the fixed deposit receipts submitted before the bank. It is the case of the defacto complainants that, without the connivance of the President and the Secretary, there could not be any misappropriation or malpractice.

8. The learned counsel for the petitioners relying on Annexure AIII series fixed deposit ledgers submitted that right from 2021, no handwritten fixed deposit receipts were issued from the bank. The learned counsel submitted that the fixed deposit receipts produced by the victims are handwritten.

9. The learned Senior Public prosecutor submitted that the custodial interrogation of the petitioners is required for verification of the signatures and other relevant materials.

10. The petitioners are ladies. Petitioner No.1 is working as an Assistant Professor in a College. They are prepared to co-operate with the investigation. On a perusal of the relevant materials placed before the Court, I feel that the pet