The court grants pre-arrest bail when insufficient evidence is presented connecting applicants to the alleged crime.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicants are the accused Nos.1 & 3 in Crime No.788/2025 of Panniankara Police Station, Kozhikode District. The offence alleged is punishable under Section 112 of the Bharatiya Nyaya Sanhita , 2023 (for short, BNS ).

3. The prosecution case, in short, is that the accused No.2 withdrew a sum of Rs.6,40,000/- from his bank account which was credited to his account at the instance of his son, the accused No.1, as part of organized crime and paid the same to the accused No.3. It is further alleged that accused No.2 received commission from the other offenders.

4. I have heard Sri.Praveen Hariharan, the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor.

Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. Apart from the fact that Rs.6,40,000/- withdrawn from the account of the accused No.2 was given to the accused No.3, in the investigation conducted so far, nothing has been brought out to show that the said amount is proceeds of any offence mentioned in Section 112 of the BNS . The applicants do not have any criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

In the result, the application is allowed on the following conditions:- (i) The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.

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

(v) The applicants 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 applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) 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.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE MMG APPENDIX OF BAIL APPL. NO. 14013 OF 2025 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR REGISTERED AS CRIME NO.788/2025 DATED 30/10/2025 ANNEXURE A2 A TRUE COPY OF THE ORDER PASSED BY THE SESSIONS COURT, KOZHIKODE, IN CRL. M.C

1729/2025 DATED 12/11/2025