The court permits pre-arrest bail under specific conditions due to the lack of evidence necessitating custodial interrogation.

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 in Crime No.1074/2025 of Kondotty Police Station, Malappuram 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 07.05.2019, the applicant availed a loan of Rs.10,00,000/- from the KSFE, Kondotty branch, where the defacto complainant is working as a Manager. It is alleged that the loan was availed by mortgaging property in Survey No.440/7-3 of Kuzhimanna village. The prosecution contends that the applicant subsequently forged the title deed and deceived the KSFE by transferring the mortgaged property to her son without repaying the loan amount and thereby committed the aforesaid offence.

4. I have heard Sri.C.Dinesh, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if she is released on bail at this stage, it will affect the course of the investigation.

6. The applicant is a lady aged 58 years. The only allegation is that during the subsistence of the mortgage, she transferred the mortgaged property to her son by way of a gift. It is not transferred to a stranger. Anyway, even after transfer, the mortgage will subsist. The applicant has no criminal antecedents. Considering the allegations made against the applicant, her 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 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 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 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 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 violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE NP APPENDIX OF BAIL APPL. NO. 14304 OF 2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE ORDER IN CRL. M.C.

NO. 1258/2025 DATED 26.11.2025