Accused granted anticipatory bail considering circumstances and lack of evidence connecting them to the crime.

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 applicants are the accused Nos.1 and 2 in Crime No.1693/2025 of Venjaramoodu Police Station, Thiruvananthapuram District. The offences alleged are punishable underSections 316(2), 318(4) and 351(2) read with 3(5) of theBharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the accused persons with an intention to deceive and cheat the de facto complainant, offered to arrange job and visa at UAE Palace and thereby secured an amount of Rs.1,29,000/- from the defacto complainant from 16/03/2025 onwards through Google Pay. Further, it is alleged that a forged ticket and visa were forwarded through WhatsApp to the de-facto complainant. When the de-facto complainant demanded to return the amount, the accused criminally intimidated him and thereby committed the offence.

4. I have heard Sri. Shajin S.Hameed, the learned counsel for the applicants and Smt. V.Sreeja, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. The applicant No.1 is the husband and the applicant No.2 is the wife. There are criminal antecedents against the applicant No.1. The applicant No.2 has no criminal antecedents. A counter case has also been registered against the de facto complainant on the same day on the allegation that the de facto complainant trespassed into the house of the applicants and assaulted them. According to the applicants, the transaction was not as projected in Annexure-A FIR. But, the applicant No.1 borrowed a sum of Rs.1,29,000/- from the de facto complainant and he returned Rs.65,000/- out of it. The learned Counsel for the applicants submitted that the applicants are prepared to pay the balance as well. In the above circumstances, I am of the view that the applicant No.1 can be directed to surrender before the Investigating Officer. Considering the fact that the applicant No.2 is a lady and she has no criminal antecedents, I am of the view that she can be granted anticipatory bail.

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

(i) The applicant No.2 shall be released on bail in the event of her 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 No.2 shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant No.2 shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.

(iv) The applicant No.2 shall not commit any offence of a like nature while on bail.

(v) The applicant No.2 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 No.2 shall not l