Anticipatory bail granted with conditions for investigation despite misappropriation allegations.

ORDER

Dated this the 21^st day of January, 2026 This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, by the sole accused in Crime No.17/2022/KLM of VACB of Kollam Unit.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the prosecution records as well as the documents produced by the learned counsel for the petitioner, including the receipt showing remittance of ₹1,92,105 by the accused, being the amount found to be due from her as per the audit report.

3. The prosecution alleges commission of offences punishable under Sections 13 (1)(a) r/w 13(2) and Section 7 of the Prevention of Corruption (Amendment) Act , 2018 (hereinafter referred to as 'PC (Amendment) Act, 2018') as well as under Sections 201 , 409 and 420 of the Indian Penal Code (hereinafter referred to as ' IPC ' for short) by the accused.

4. The case of the prosecution is that, the petitioner herein, who held the post of the Secretary of the Milk Producers Cooperative Society [Q32(D)], Eroor, Anchal, misappropriated a sum of ₹2,71,205.50 after showing that the said amount was disbursed to the farmers, who supplied milk to the Society. The further allegation is that, in this regard, the accused made alterations in the records, including the computer records, and thereby caused disappearance of evidence also.

5. The learned counsel for the petitioner, who canvassed anticipatory bail to the petitioner, would submit that the allegation of misappropriation of the said amount would not attract prima facie and the same is only something which is akin to mismanagement due to the sudden demise of her husband and her absence in the Society for a few days. It is submitted by the learned counsel for the petitioner further that, as per the audit report, after adjusting the amount due to the Secretary out of the amount alleged to have been misappropriated, ₹1,92,105 was found due from the petitioner and as on 18.10.2022 ₹1,92,105 was remitted and Annexure A6 receipt showing the said remittance has been given reliance to substantiate the contention.

6. The learned Public Prosecutor strongly opposed bail in a case involving serious allegation of misappropriation, including causing disappearance of evidence, highlighting the necessity of custodial interrogation.

7. On perusal of the records, the allegations could be seen prima facie and the matter would require detailed investigation by questioning the accused as well as by getting her signatures, hand writing etc. for the said purpose. However, the fact remains that, she had remitted ₹1,92,105 and the said sum was found due as per the audit report and in such circumstances, I am inclined to grant anticipatory bail to the petitioner, on conditions, with specific direction to her to subject herself for interrogation for three days, viz., 27.01.2026, 28.01.2026 and 29.01.2026, in between 10.00 am and 3.00 pm for the purpose of investigation.

8. Accordingly, the petition stands allowed and the petitioner can be enlarged on bail, on the following conditions:

i. The petitioner shall surrender before the Investigating Officer within seven days from today and on such surrender, the Investigating Officer can question the petitioner for three days, viz., 27.01.2026, 28.01.2026 and 29.01.2026, in between 10.00 am and 3.00 pm for the purpose of investigation and do the needful to go with effective investigation of this case. In the event of her arrest, the Investigating Officer shall produce the petitioner before the Special Court on the date of arrest itself.

ii. On such production, the Special Court shall release the petitioner on bail, on executing bond for Rs.50,000/- (Rupees f