The court's discretion to grant bail under Section 482 of the BNSS, considering insufficient grounds for custodial interrogation and the nature of allegations.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 24^TH DAY OF MARCH 2026 / 3RD CHAITHRA, 1948 BAIL APPL. NO. 1394 OF 2026 CRIME NO.201/2026 OF Malappuram Police Station, Malappuram AGAINST THE ORDER DATED 03.03.2026 IN BA NO.227 OF 2026 OF SESSIONS COURT, MANJERI PETITIONER/ACCUSED 1 TO 3:

1 SHARSHAD, AGED 44 YEARS MANNARTHODIKA, PALLAKODE, PORUR, MALAPPURAM, KERALA, PIN - 679328

2 SHANAVAS BABU MT, AGED 48 YEARS MANNARTHODIKA, PALLAKODE, PORUR, MALAPPURAM, KERALA, PIN - 679328

3 SAMEEHA K,AGED 43 YEARS MANNARTHODIKA, PALLAKODE, PORUR, MALAPPURAM, PIN -

679328 BY ADV SRI.JAGADEESH P RESPONDENT/STATE:

STATE OF KERALA HIGH COURT OF KERALA, PIN - 682031 SRI. M.C. ASHI, SR.PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.03.2026, ALONG WITH Bail Appl..1435/2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 24^TH DAY OF MARCH 2026 / 3RD CHAITHRA, 1948 BAIL APPL. NO. 1435 OF 2026 CRIME NO.201/2026 OF Malappuram Police Station, Malappuram PETITIONER/ACCUSED 4 & 5:

1 SUJEESH. C. U, AGED 40 YEARS S/O. C. UNNIKRISHNAN, PRESENTLY WORKING AS CHIEF MANAGER, CANARA BANK, DOWN HILL BRANCH, MALAPPURAM, PIN - 676504

2 SANEESH. E. C, AGED 44 YEARS, S/O. A. J. CHACKO, PRESENTLY WORKING AS DIVISIONAL MANAGER, CANARA BANK, MSME SULABH, MALAPPURAM, PIN - 676519 BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL, SRI.P.RAJKUMAR SRI.KESHAVRAJ NAIR, SHRI.BIJU VIGNESWAR SHRI.ARUN POOMULLI,SHRI.ABHIRAM.S.

SMT.GAADHA SURESH, SHRI.AKSHAY SHIBU SHRI.ASHISH PAUL, SHRI.MURALI KRISHNA PRASAD RESPONDENT/STATE:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682031

2 THE STATION HOUSE OFFICER, MALAPPURAM POLICE STATION, DOWN HILL P. O., MALAPPURAM, PIN - 676519 SRI. K.A. NOUSHAD, SR.PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.03.2026, ALONG WITH Bail Appl..1394/2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-arrest bail.

2. B.A.No.1394/2026 is filed by accused Nos. 1 to 3 and B.A.No.1435/2026 is filed by accused Nos. 4 and 5 in Crime No.201/2026 of Malappuram Police Station, Malappuram District. The offences alleged are punishable under Sections 336 (2), 336(3)

and 340(2) of the Bharatiya Nyaya Sanhita, 2023 .

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

13.2.2026, the applicants forged a power of attorney in the name of the defacto complainant without her knowledge or consent by affixing her false signature for the purpose of availing a loan by pledging her and her brother's joint property and on 29.9.2025, the applicants availed a loan of ₹4,50,00,000/- from the Canara Bank, Kottapadi Branch, Malappuram and thereby committed the offences.

4. I have heard the learned counsel for the applicants and the learned Senior Public Prosecutors. 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 Prosecutors, 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 Nos. 1 and 2 are brothers and the accused No.3 is the wife of the accused No.2. The accused Nos. 4 and 5 are the Bank Managers f