Pre-arrest bail granted absent evidence linking the applicant to the alleged crime.

ORDER

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.2 in Crime No.1299/2025 of Badagara Police Station, Kozhikode District. The offences alleged are punishable under Sections 318(4) r/w Section

3(5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the accused, who are stated to be directors of an institution, received a total sum of ₹9,00,000 (Rupees Nine Lakhs only) from the defacto complainant on 06.07.2024 and 30.07.2024, promising to secure admission for her daughter to a nursing course at Medasc Edu Solutions. It is alleged that the accused thereafter failed to secure the admission and did not return the money and thereby committed the alleged offences.

4. I have heard Sri.Shahim Bin Aziz, the learned counsel for the applicant and Sri.M.C. Ashi, the learned 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 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. On a reading of the FIS, there are no allegations against the applicant. Admittedly, the money has been paid to the accused No.1. 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.

Sd/-

DR. KAUSER EDAPPAGATH,JUDGEmeaAPPENDIX OF BAIL APPL. NO. 13364 OF 2025PETITIONER ANNEXURESAnnexure A1 TRUE COPY OF THE FIR NO. 1299/2025 OFBADAGARA POLICE DATED 12.09.2025Annexure A2 A TRUE COPY OF THE ORDER DATED 28.10.2025 IN THE SAID CRIMINALMISCELLANEOUS CASEAnnexure A3 A TRUE COPY OF THE REGISTRATION DOCUMENTOF THE ‘MEDAAC EDU SOLUTIONS LLP’ISSUED BY THE MINISTRY OF CORPORATEAFFAIRS DATED 22.01.2026 SHOWING DETAILSOF ITS DIRECTORS OR AUTHORISEDSIGNATORIES