A bail application can be granted when alleged connections to the crime lack substantial evidence, ensuring the applicant's right to liberty.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.1095/2025 of Mannarkkad Police Station, Palakkad District. The offences alleged are punishable under Sections 3 35(A)(i), 340(2), 318(3), 316(2), 316(4), 316(5), 318(4), 336(3), 338 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS )

3. The applicant is the Secretary and the accused Nos.2 and 3 are the clerks of the Mannarkkad Co-operative Urban Credit Society. The prosecution case in short is that the applicant with the assistance of accused Nos.2 and 3 created forged loan applications in the name of depositors of the Society showing that loan was advanced to the depositors and thereafter cheated them without returning the money to the depositors even after the due date. It is further alleged that the applicant along with the remaining accused misappropriated a total amount of Rs.1,73,40,343/-. Thus the applicant who is the Secretary of the above said society along with accused Nos.2 and 3 in furtherance of their common intention had cheated the complainant and committed criminal breach of trust and forgery.

4. I have heard Sri.R.Bindu Sasthamangalam, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was formally arrested on 15.12.2025. In fact, he was arrested and remanded to judicial custody on 29.11.2025 in connected three crimes. The investigation is almost over. According to the applicant, he has only supervisory administrative power over the staff of the Society and the cash transactions in the Society are mainly done through the cashier as well as the clerical staff of the Society. It is specifically averred in the bail application that he had given a detailed complaint to the police regarding the malpractices committed by the cashier as well as the clerical staff and the internal auditor and sought for an investigation into the same. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) 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.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) 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.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail c