The court may grant pre-arrest bail when there is insufficient connection to alleged criminal activity, balancing the rights of the accused with the integrity of ongoing investigations.

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 No.2 in Crime No.993/2025 of Vandanmedu Police Station, Idukki District. The offences alleged are punishable under Sections 316 (4) and 318(4)

of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the applicant, being an employee of the Kadanthottu Finance Private Limited, Anakkara Branch, where the defacto complainant is the Director, during the period from 16.08.2022 to 29.08.2025, with the intention of making unlawful gain for himself and causing corresponding wrongful loss to the defacto complainant, on several occasions, pledged spurious and fake gold ornaments in different names in the said institution. It is alleged that, by the aforesaid acts, the accused dishonestly misappropriated the funds of the company, thereby committing criminal breach of trust and cheating, and caused a total loss of about Rs.82,00,000/- (Rupees Eighty Two lakhs only) to the said institution and thereby committed the aforesaid offences.

4. I have heard Sri.Sijo Pathaparambil Joseph, the learned counsel for the applicant, Sri.M.C.Ashi, the learned Senior Public Prosecutor and Sri.Anand V., the learned counsel for the defacto complainant. 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 Senior Public Prosecutor and the learned counsel for the defacto complainant, 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. I went through the FIS. There is absolutely no allegation against the applicant herein, who is the appraiser of the gold. The entire allegation is against the accused No.1. According to the defacto complainant, it was the accused No.1 who pledged spurious gold ornaments in the name of different persons. 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 ofÏcer/investigating ofÏcer, 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 ofÏcer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating ofÏcer 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 viola