The court emphasized the necessity of custodial interrogation at preliminary stages due to the risk of evidence tampering and witness influence.

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.972/2025 of Kondotty Police Station, Malappuram District. The offences alleged are punishable under Sections 336 (2), 336(3), 337, 340(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that between 04.04.2025 and 07.08.2025, the applicant along with other accused in furtherance of their common intention to commit the offence, forged the signature and seal of the Village Officer of Morayur Village Office, where the defacto complainant is working as the Special Village Officer, made fake possession certificates on 06.08.2025 and 30.06.2025 and forged the fake tax receipt on 04.04.2025, submitted them for loan at the Kerala Bank branch by pretending that as if it were genuine and thereby committed the offences.

4. I have heard Sri.Rafiq P.M., the learned counsel for the applicant and Smt. Sreeja V., 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if she is released on bail at this stage, it will affect the course of the investigation.

6. Prima facie there are materials on record to show the involvement of the applicant with the crime. It appears from the record that the applicant along with accused No.2 forged the signature and seal of the village officer.

7. The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior learned Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if she is released on bail. Considering the gravity of the offence and stage of the investigation, I am not inclined to invoke the extraordinary jurisdiction vested with this Court under Section 482 of BNSS .

8. The learned counsel for the applicant submitted that the applicant is a lady aged 60 years and she is prepared to surrender before the investigating officer. If the applicant surrenders before the investigating officer within one week from today, the investigating officer shall interrogate her and after interrogation if the investigating officer forms an opinion that the applicant is to be arrested, the investigating officer shall record the arrest of the applicant and produce her before the jurisdictional Magistrate. The bail application if any moved by the applicant shall be disposed of by the learned Magistrate, in accordance with law, as far as possible, on the same day itself. A copy of the bail application shall be given to the learned Public Prosecutor in advance.

The bail application is, accordingly, disposed of with the above observations.

Sd/-