Anticipatory bail is granted under specific conditions when custodial interrogation is deemed unnecessary following a completed investigation.

ORDER

Dated this the 12^th day of February, 2026 This is a petition filed under Section 438 of the Code of Criminal Procedure , as early on 18.07.2023, seeking pre-arrest bail and the petitioner is the 2^nd accused in Crime No.8/2023 of VACB, Kottayam, where the prosecution alleges commission of offences punishable under Section 7 (a) and (b) of the Prevention of Corruption Amendment Act , 2018, by the accused.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. As submitted by both sides, this case is one arose out of a trap proceeding, where the 1^st accused was arrested red-handedly and the 2^nd accused/the petitioner, against whom also demand and acceptance of bribe was alleged, could not be arrested.

4. It is fairly submitted by the learned Public Prosecutor that, during the pendency of this bail application, the investigation has been completed and the Investigating Officer is awaiting prosecution sanction to file the Final Report before the Special Court. It is also submitted by the learned Public Prosecutor that, in the meantime, the voice sample of the petitioner also was collected as part of investigation.

5. Since the investigation has been completed, the arrest and custodial interrogation of the petitioner are not required for the time being. Thus, I am inclined to enlarge the petitioner on anticipatory bail.

Therefore, this petition stands allowed. The petitioner is enlarged on pre-arrest bail on conditions:

i. The petitioner shall appear before the Special Court, within a period of two weeks from today. On such appearance, the Special Court shall release the petitioner on bail, on executing bond for Rs.50,000/- (Rupees Fifty thousand) each, by himself and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

ii. The petitioner shall not intimidate witnesses or tamper the evidence. He shall cooperate with the investigation (since Final Report not so far filed) and shall be available for interrogation as and when directed by the Investigating Officer.

iii. The petitioner shall not leave the jurisdiction of the Special Court without prior permission of the court.

iv. The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

Since it is noted that, even though this is an application for anticipatory bail and its last posting was son 26.03.2025, call for explanation from the staff concerned as to why this bail application not posted before the Bench till this date, within seven days for further steps.

Sd/-