Court grants partial bail based on the lack of evidence against one accused while emphasizing cooperation with ongoing investigations.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicants are the accused Nos.2 and 4 in Crime No.1381/2025 of Thaliparamba Police Station, Kannur District. The offence alleged is punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

23.05.2022, the accused together in furtherance of their common intention of cheating, made the defacto complainant and the sister of his wife to believe that they are conducting a jewellery by name “Melora” at Chiravakku, Taliparamba and they are giving loan without interest on deposit of gold and received 162.53 grams of gold from the defacto complainant and 260.18 grams of gold from his wife’s sister and gave cash of Rs.6,36,000/- to the defacto complainant and Rs.9,92,000/- to his wife’s sister respectively. When they approached the accused to take back the gold with money on maturity of the loan, they refused to give the gold. Thereby, the applicants had committed the above offences.

4. I have heard Sri. T.H.Raihanath, the learned counsel for the applicants and Sri. K.A.Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. The accused No.4 is the wife of the accused No.2.

The investigation reveals that the defacto complainant pledged gold ornaments with the accused and when they approached them to take back the gold ornaments, the accused failed to return the gold ornaments. The investigation reveals that an agreement has been executed between the accused No.1 and the defacto complainant, which would show that gold ornaments were pledged by the defacto complainant with the accused No.1 and 2 and they have not returned the same. There are prima facie material to show the involvement of the accused No.2 in the crime. However, it appears that the accused No.4 has no active role. She is not a party in the agreement also. Hence, I am of the view that applicant No.2 can be released on bail. However, specific overt act has been alleged against the applicant No.1 and it is borne out from the investigation that he along with accused No.1 has received gold ornaments from the defacto complainant and were not returned so far. His custodial interrogation is necessary. Therefore, the applicant No.1 cannot be released on bail.

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

(i) The applicant No.2 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 No.2 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 No.2 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 No.2 shall not commit any offence of a like nature while on bail.

(v) The applicant No.2 shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any oth