Anticipatory bail cannot be granted in serious economic offences where substantial evidence of collusion exists, necessitating custodial interrogation.

ORDER

Dated this the 28^th day of January, 2026 This is an application for anticipatory bail filed under Section 482 of the the Bharatiya Nagarik Suraksha Sanhita, 2023 , by the 3^rd accused in Crime No.VC-06/2025/SIU-II of VACB Special Investigation Unit-II, Thiruvananthapuram.

2. Heard the learned counsel for the petitioner as well as the learned Special Public Prosecutor appearing for the prosecution. Perused the relevant records.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 409 , 465, 468, 471 and 120B of the Indian Penal Code as well as under Section 13 (1)(a) r/w 13(2) of the Prevention of Corruption (Amendment) Act, 2018 (hereinafter referred to as ‘PC (Amendment) Act, 2018’) by the accused persons. The summary of the case, as stated in paragraph No.4 of the statement filed by the Investigating Officer, is as under:

“Samgeeth K. (A1), while working on deputation as Lower Division Clerk in the Kerala State Lottery Agents and Sellers Welfare Fund Board during the period from 14.08.2014 to 31.07.2019 was in charge of Establishment Seat-I and solely responsible for maintaining registers such as the cash book, office expenses register, cheque books, etc. By abusing his official position as a public servant and by adopting corrupt and illegal means, he dishonestly and fraudulently misappropriated an amount of ₹15,00,000/- on 30.07.2018 by illegally transferring the said amount from the current account No.67074237845 of the Kerala State Lottery Agents and Sellers Welfare Fund Board maintained with the State Bank of India, Statue Branch, Thiruvananthapuram, to his personal Account No.99980104910190 maintained with the Federal Bank, Statue Branch, Thiruvananthapuram. Further, on 31.07.2018, he misappropriated an amount of ₹64, 35,000/- by transferring the same from Savings Bank Account No.67074236863 of the Kerala State Lottery Agents and Sellers Welfare Fudn Board maintained with the State Bank of India, Statue Branch to Account No.556401010050179 of Anilkumar C. (A2) maintained with Union Bank, Kumarapuram Branch. These amounts, which were entrusted to him in his official capacity and under his control, were misappropriated by preparing forged cheques, failing to record the transactions in the relevant registers, and using the forged cheques as genuine. By doing so, he obtained undue pecuniary advantage for himself and for another, thereby causing corresponding financial loss to the Kerala State Lottery Agents and Sellers Welfare Fund Board.”

4. While canvassing anticipatory bail to the petitioner, it is submitted by the learned counsel for the petitioner that, the petitioner who is arrayed as the 3^rd accused in this crime is the direct younger brother of the 1^st accused and while he was studying for BDS course, some bank transactions were made in his accounts by the 1^st accused and also, properties were purchased in his name. According to the learned counsel for the petitioner, the 1^st accused informed the 3^rd accused that the funds used for the same were the funds raised from the real estate business.

According to the learned counsel for the petitioner, the petitioner is ready to co-operate with the investigation and therefore, his arrest may be avoided by granting anticipatory bail since his involvement in this crime is not akin to that of the 1^st accused, who is his brother.

5. The Special Public Prosecutor zealously opposed grant of anticipatory bail to the petitioner and according to the learned Special Public Prosecutor, initially, FIR was registered alleging misappropriation of ₹1.65 Crore from the Welfare Fund of the Lottery Department by the 1^st accused and now, on investigation, it is found that the misappropriation would come to the tune of ₹15