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2026 Supreme(Online)(Ker) 16851

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
K.G.BIJU – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1185 OF 2026|CRIME NO.1/2026 OF VACB, ALAPPUZHA



Advocates:
For the Appellants/Petitioners: SHRI.B.MOHANLAL, SMT.P.S.PREETHA, SHRI.MOTTY JIBY VASUDEVAN, SHRI.ABIJITH M., SMT. AVANI NAIR, SMT.JAYAPRABHA ARJUN, SMT.PRAVEENA T.
For the Respondents: SPL PP - RAJESH.A, SR PP - REKHA.S

The court emphasized granting bail based on progress of investigation and necessity for custody, incorporating conditions to ensure compliance and attendance.

Headnote:This bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the petitioner, the 1st accused in Crime No. V.C. 1/2026/ALP charged under Sections 7(b) and 7A of the Prevention of Corruption Act, 1988 and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the 1st accused demanded bribes from driving school owners to qualify candidates for driving tests. The court found no necessity for further custody given the progression of the investigation. The core issue was the grant of bail for the accused, who has prior criminal cases. The court allowed the bail application with specific conditions including bond and reporting to the Investigating Officer, prohibiting contact with witnesses, and adherence to jurisdictional restrictions. The final decision was: "this petition stands allowed".

Table of Content
1. bail application filed under the bharatiya nagarik suraksha sanhita. (Para 1)
2. prosecution case alleging bribery by the accused. (Para 3)
3. arguments from both sides regarding bail necessities. (Para 4 , 5)
4. court observation on necessity of further custody. (Para 6)
5. final ruling on granting bail with conditions. (Para 7)

ORDER

Dated this the 3rd day of March, 2026 This bail application has been filed under Section

483 of Bharatiya Nagarik Suraksha Sanhita , 2023, seeking regular bail and the petitioner is the 1st accused in Crime No. V.C. 1/2026/ALP registered for the offences punishable under Sections 7 (b) and 7A of the Prevention of Corruption Act 1988 as amended in 2018 [hereinafter referred as ‘P.C. Act’ for short] and under Section 61 (2) of the Bharatiya Nyaya Sanhita , 2023, by the accused.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the relevant materials available.

3. In this matter, the prosecution case is that, the 1st accused, while working as the Motor Vehicle Inspector (MVI) at the Sup Regional Transport Office, Cherthala and such being a public servant, abused his official position and demanded illegal gratification of Rs.300/- and Rs.400/- for two wheeler and light motor vehicle respectively from driving school owners through the 2nd accused, who has been working as his agent, as a reward to qualify the candidates in the driving test sponsored by the respective driving schools. In consequence thereof, on 09.01.2026, the 1st accused demanded Rs.2,500/- from the wife of the defacto complainant as a reward for passing the driving test and accepted the bribe through the 2nd accused on 30.01.2026 and on this premise, the prosecution alleges commission of the above said offences, by the accused. Accordingly, the 1st accused was arrested on 30.01.2026 and he has been in custody since then.

4. The learned counsel for the petitioner/1st accused argued that the petitioner is innocent and according to him, now the investigation has progressed much. Therefore, further custody of the petitioner for the purpose of investigation is not necessary. Accordingly, the learned counsel for the petitioner pressed for grant of regular bail to the petitioner and submitted that the petitioner is ready to abide by any conditions imposed by this Court, while granting bail.

5. The learned Public Prosecutor placed report of the Investigating Officer and strongly opposed grant of regular bail to the petitioner. The learned Public Prosecutor submitted further that, the petitioner has criminal antecedents and he is facing a criminal prosecution for amazement of wealth before the Special Court, Kollam as C.C. No.60/2025 and this is the

2nd crime registered against the petitioner.

6. In this case, the petitioner/1st accused was arrested on 30.01.2026. On reading the available materials, there is no reason to disbelieve the prosecution allegations and in fact, the prosecution allegations are well made out, prima facie. However, the investigation found to be progressed much and in such view of the matter, further custody of the petitioner for the purpose of investigation is not necessary.

7. Taking into consideration the above aspects, I am of the view that, the petitioner can be enlarged on bail.

Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on alternate Saturdays in between 9 am and 10 am, for a period of four month

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