The Court determined the necessity of pre-arrest bail based on absence of evidence linking the applicant to the alleged misappropriation.

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 in Crime No.766/2025 of Murikkassery Police Station, Idukki District. The offence alleged is punishable under Section 316 (5) of theBharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, with a dishonest intention, the applicant who is working as Postal Assistant at Murickassery Post Office, misappropriated an amount of Rs 2,17,620/- which was entrusted by customers under various postal schemes and misused the fund for personal use and thereby committed the offence.

4. I have heard Sri. S.Rajeev, the learned 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, she 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 she is released on bail at this stage, it will affect the course of the investigation.

6. The applicant is a lady who belongs to the SC/ST community, aged 42 years. According to the applicant, one, Ms. Ammalu assisted her for handling the cash; however, she deposited the entire amount allegedly misappropriated on 05.08.2025 in the Postal Department. Annexure I would substantiate the same. The applicant has no criminal antecedents as well. Hence, I am of the view that, her custodial interrogation is not necessary. 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 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 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 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 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 ARK APPENDIX OF BAIL APPL. NO. 14083 OF 2025 PETITIONER ANNEXURES ANNEXURE I COPY OF THE PAYMENT RECEIPT ANNEXURE II A COPY OF THE CREDIT NOTE ISSUED TO THE PETITIONER ANNEXURE III A COPY OF THE PAYING SLIP BY WHICH THE PETITIONER DEPOSITED THE AMOUNT ANNEXURE IV COPY OF THE FIR IN CRIME NO 766/2025 OF MURIKASSERY POLICE STATION, IDUKKI DISTRICT ANNEXURE V TRUE COPY OF THE ORDER PASSED BY THE COURT OF SESSIONS, THODUPUZHA DATED 12.11.2025 IN CRL MC NO 709/2025