The court denies anticipatory bail due to the seriousness of the allegations against the applicant.

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.1 in Crime No.23/2026 of Aruvikkara Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 316(5) and 318(4) read with Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. According to the prosecution, the applicant who was the Secretary of the Rajeev Gandhi Residents Welfare Cooperative Society, Mundela, along with other accused committed criminal breach of trust, cheated the defacto complainant of the amounts which were deposited by him with the society, refused to return the same and thereby committed the offences alleged.

4. I have heard Sri.Vishak Johnson, the learned counsel for the applicant and Smt. Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant has been falsely arrayed as an accused and that she has no involvement in the alleged crime.

6. The learned Senior Public Prosecutor opposed the bail application.

7. The applicant, along with other accused, is alleged to have cheated the defacto complainant and committed criminal breach of trust. The amounts deposited with the society were not permitted to be withdrawn nor was the amount repaid, despite repeated requests by the defacto complainant. The applicant is involved in several other crimes and by order dated 28.02.2025 in B.A.No.2955 of 2025, this Court had declined to grant anticipatory bail to the applicant and directed her to surrender before the Investigating Officer and also directed the learned Magistrate to consider the bail application filed by the applicant.

8. Having regard to the nature of the allegations against the applicant, I am of the view that since the offences are serious, the applicant is not entitled to be released on anticipatory bail. Accordingly, this application is dismissed, however, subject to the following conditions:

(i) The applicant shall appear before the Investigating Officer within two weeks from today and shall subject herself to interrogation.

(ii) After interrogation, if the Investigating Officer arrests the applicant, she shall be produced before the jurisdictional court without undue delay.

(iii) On production of the applicant before the jurisdictional court, if any application for bail is filed, the court shall consider the same, preferably on the same day itself, in accordance with law.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

SKP