Pre-arrest bail is justified when accusations lack sufficient evidence to warrant custodial interrogation.

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023(for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the accused No.2 in Crime No.676/2025 of Kaipamangalam Police Station, Thrissur District. The offences alleged are punishable under Sections 3 16 (2), 318(4) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the accused No.1 while working as accountant of Kudumbasree in Kaipamangalam Grama Panchayat in between 31.05.2023 to 25.08.2024, misappropriated an amount of Rs.40,000/- from the account of the Kudumbasree daily collection and the applicant and accused No.3 assisted the accused No.1 and thereby committed the above offences.

4. I have heard Sri.K.I.Sageer, the learned counsel for the applicant and Sri.K.A.Noushad, 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. Even as per the prosecution case, it was the accused No.1 who misappropriated the amount. The only allegation against the applicant is that he as the Assistant Secretary of Kaipamangalam Grama Panchayat, has assisted the accused No.1 to misappropriate the amount. The applicant has no criminal antecedents. 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.

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