Bail can be granted if there is no substantial evidence against the accused and the investigation is nearly complete.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.1386/2025 of Perambra Police Station, Kozhikode District. The offence alleged is punishable under Section 316 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the applicant was entrusted with 615.43 grams of gold ornaments belonging to the informant and his relatives under an agreement for appropriating the same in accordance with the needs of the informant, had against the terms and conditions in the agreement, misappropriated the said gold ornaments. The applicant was entrusted with the ornaments on 17.02.2025 and those were kept in his locker in Federal Bank, Naduvannur branch on 23.10.2025. When the informant requested returning of some of the gold ornaments, he did not return any ornaments. Thus, he has deceived the informant and his relatives and thereby committed the offence.

4. I have heard Sri.Kodoth Sreedharan, 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

11.01.2026. The investigation is almost over. A portion of the gold ornaments has already been recovered. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-