Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 54765

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
NAJEEB V – Appellant
Versus
THE STATION HOUSE OFFICER THONDERNAD POLICE STATION – Respondent
BAIL APPL. NO. 13227 OF 2025 | BAIL APPL. NO. 13229 OF 2025 | BAIL APPL. NO. 13230 OF 2025 | BAIL APPL. NO. 13237 OF 2025 | BAIL APPL. NO. 13239 OF 2025 | BAIL APPL. NO. 13271 OF 2025 | BAIL APPL. NO. 13288 OF 2025 | BAIL APPL. NO. 13309 OF 2025 | BAIL APPL. NO. 13322 OF 2025 | BAIL APPL. NO. 13535 OF 2025 | BAIL APPL. NO. 13537 OF 2025

Advocates:
For the Appellants/Petitioners: SRI.T.G.RAJENDRAN, SRI.T.R.TARIN, SRI.T.ASAFALI, SMT.LALIZA.T.Y, SRI.KRISHNA PRASAD, SMT.SINDHU S KAMATH, SMT.SWAPNA S.K., SMT.ROHINI NAIR, SHRI.SURAJ KUMAR D., SHRI.SUNILKUMAR K.K., SMT.A.KARTHIKA SIVAN, SMT.NAYANAMBIKA P.S., SMT.KARTHIKA G. NAIR
For the Respondents: PUBLIC PROSECUTOR

In financial misconduct cases involving public funds, anticipatory bail may be denied if the allegations are serious and investigations require custodial interrogation of the accused.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 316(4), 316(5), 318(2), 318(3), 318(4), Prevention of Corruption Act, 2018 - Section 7(a), 13(1)(a)(2) - Allegations of financial irregularities in MGNREGA schemes - Applicants accused of misappropriating substantial public funds - Court found serious allegations of conspiracy and misappropriation justifying denial of anticipatory bail - No exceptional circumstances to warrant bail as ongoing investigation critical. (Paras 14-34)

Facts of the case:
Multiple bail applications concerning the same accused involved in financial irregularities under MGNREGA schemes, alleging misappropriation of government funds ranging from Rs. 1,03,756/- to Rs. 1,00,90,000/- over several years through fraudulent manipulation of project records.

Findings of Court:
Serious allegations warrant custodial interrogation for effective investigation of misappropriation exceeding Rs. 2 Crores. The public prosecutor emphasized the necessity for arrest to prevent interference in the investigation.

Issues: Whether the anticipatory bail should be granted given the severity of allegations of conspiracy to commit fraud involving substantial public funds.

Ratio Decidendi: The court declined anticipatory bail, underscoring the gravity of corruption allegations necessitating custodial interrogation to uncover further details and recover misappropriated funds while reiterating the principle that anticipatory bail is not to be granted lightly in cases involving serious financial crimes.

Result: Bail applications dismissed.

Table of Content
1. details of allegations in various crimes. (Para 14 , 15 , 16 , 17 , 18 , 20)
2. arguments presented by defense counsel. (Para 21 , 22 , 23 , 24)
3. court’s analysis on anticipatory bail and prosecution arguments. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34)

COMMON ORDER

Dated this the 4^th day of December, 2025 B.A. No.13227 of 2025 has been filed under Section

482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, seeking pre-arrest bail, by Sri.Najeeb V, who has been arrayed as the 3^rd accused in Crime No.472 of 2025 of Thondarnadu Police Station.

2. B.A. No.13229 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Najeeb V, who has been arrayed as the 3^rd accused in Crime No.473 of 2025 of Thondarnadu Police Station.

3. B.A. No.13230 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Najeeb V, who has been arrayed as the 3^rd accused in Crime No.474 of 2025 of Thondarnadu Police Station.

4. B.A. No.13237 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Najeeb V, who has been arrayed as the 3^rd accused in Crime No.475 of 2025 of Thondarnadu Police Station.

5. B.A. No.13239 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Najeeb V, who has been arrayed as the 4^th accused in Crime No.476 of 2025 of Thondarnadu Police Station.

6. B.A. No.13271 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Baiju T.K, who has been arrayed as the 4^th accused in Crime No.472 of 2025 of Thondarnadu Police Station.

7. B.A. No.13322 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Baiju T.K, who has been arrayed as the 3^rd accused in Crime No.477 of 2025 of Thondarnadu Police Station.

8. B.A. No.13253 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Baiju T.K, who has been arrayed as the 3^rd accused in Crime No.471 of 2025 of Thondarnadu Police Station.

9. B.A. No.13288 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Baiju T.K, who has been arrayed as the 4^th accused in Crime No.474 of 2025 of Thondarnadu Police Station.

10. B.A. No.13309 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Baiju T.K, who has been arrayed as the 4^th accused in Crime No.473 of 2025 of Thondarnadu Police Station.

11. B.A. No.13535 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Rashid A, who has been arrayed as the 5^th accused in Crime No.472 of 2025 of Thondarnadu Police Station.

12. B.A. No.13537 of 2025 is an application for pre-

arrest bail, at the instance of Sri.Rashid A, who has been arrayed as the 3^rd accused in Crime No.476 of 2025 of Thondarnadu Police Station.

13. Heard the respective counsel for the petitioners and the learned Public Prosecutor, in detail. Perused the relevant materials available and the case diaries of each case, by the learned Public Prosecutor.

14. In Crime No.472/2025 of Thondernadu Police Station, the prosecution case is that, after registration of Crime No. 373/2025 of Thondernadu Police Station alleging commission of offences punishable under Sections 316(4) and (5), 318(2), (3) and (4) r/w 3(5) Bharatiya Nyaya Sanhita (hereinafter referred as ‘BNS’ for short), the defacto complainant, who is the District Joint Programme Co-ordinator of MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act, 2005), conducted an inquiry regarding the financial irregularities alleged under the various schemes in the Thondenadu Grama Panchayath. During enquiry it was found that Jojo Johny (Accredited Engineer) and Nidhin (Accountant), who were handling the Employment Guarantee Scheme ( ) of Thondemadu Grama ത(cid:2)ൊഴിലുറ്ᩔ് പ്ᩍ(cid:2)ി

Panchayath, along with the vendors named Najeeb.V., Baiju.T.K. and Rashid Athilan (the petitioners herein), in furtherance of their common intention to dishonestly and fraudulently misappropriate Government funds allotted to the beneficiaries for the construction of chicken coops, had intentionally co

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2025 Supreme(Online)(Ker) 54765

In financial misconduct cases involving public funds, anticipatory bail may be denied if the allegations are serious and investigations require custodial interrogation of the accused.

Cases Referred (2)