Court establishes conditions for bail related to cooperation and the necessity of the investigation.

ORDER

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

arrest bail.

2. The applicant is the accused No.3 in Crime No.319/2025 of Erattupettah Police Station, Kottayam District. The offences alleged are punishable under Sections 316(2) and

318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that accused Nos.1 and 2 took the car of the defacto complainant bearing No. KL35-H-8629 for temporary use on 6-11-2024 with a promise that the same will be returned on 5-2-2025 in good condition and that the promise was breached thereby causing loss of Rs.6 lakhs to the defacto-complainant. Initially, the applicant was not arraigned as accused. After the arrest of the accused No.1, he revealed that he had financial transactions with the applicant and had pledged the vehicle of the defacto complainant with the applicant and the applicant is now arraigned as an accused. 4. I have heard Sri.K.Rakesh, the learned counsel for the applicant and Smt.Sreeja V., 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. Admittedly, accused Nos.1 and 2 took possession of the car from the defacto complainant. According to the applicant, the accused No.1 handed over the said car to him in connection with another financial transaction between them. At any rate, the car is now in the possession of the applicant, which is necessary for the purpose of investigation. Even though notice under Section 35(3) of BNSS had been issued to the applicant, it is submitted by the learned Senior Public Prosecutor that the applicant did not appear. The learned counsel for the applicant submitted that the applicant is prepared to appear before the investigating officer and co-operate with the investigation.

In the result, the application is disposed of on the following conditions:-

(i) The applicant is directed to appear before the investigating officer and produce the car before him within one week from today.

(ii) The investigating officer, after interrogating the applicant, shall release him on bail in the event of his arrest on executing a bond for Rs.2,00,000/- (Rupees Two lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(iii) The investigating officer is free to seize the vehicle if it is required for the purpose of investigation.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

SKP