The court grants pre-arrest bail considering the applicant's claims of innocence and lack of necessity for custodial interrogation.

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 applicant is the accused No.1 in Crime No.1274/2025 of Kunnathunadu Police Station, Ernakulam District. The offences alleged are punishable under Sections 3 , 6 and 7 of the Essential Commodities Act and Sections 7 and 8 of the Fertilizer (Control) Order , 1985.

3. The prosecution case, in short, is that the applicant was found in possession of 15 tonnes of agricultural urea kept in the godown of Positive Chip Boards India Private Limited Company of which, the applicant is the managing director. This urea is meant for agricultural use and he has possessed the same in violation of Fertilizer (Control) Order 1985. On 30.10.2025 at about 03.30 p.m., it has been seized by the officer stating that the applicant has committed violation of the provisions of and thereby committed the offences.

4. I have heard Sri.Vijayabhanu, the learned Senior 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 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. The applicant is the Managing Director of Positive Chip Boards India (P) Ltd., which is engaged in the manufacturing of particle boards. According to the applicant, the urea in question was procured by the applicant company for production of particle boards. It is their case that the Urea is one of the ingredient part of preparing the particle boards. The applicant has produced Annexure A1 document to show the purchase of urea. The urea has already been recovered. The applicant has no criminal antecedents. The investigation is almost over. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-

arrest bail to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

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

(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 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 AS APPENDIX OF BAIL APPL. NO. 14310 OF 2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE TAX INVOI