Regular bail may be granted to an accused in a corruption case, even where prima facie evidence of a bribe exists, if the investigation has progressed and the accused is a first-time offender.

ORDER

Dated, this the 22^nd day of June, 2026 This is an application for regular bail, filed by the 2^nd accused in Crime No.VC 7/2026/ EKM .

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. I have perused the records placed by the learned Public Prosecutor and the report filed by the investigation officer.

3. As per the report filed by the Superintendent of Police Vigilance and Anti Corruption Bureau, the present case runs as follows:-

“It is most humbly submitted that a case in VC 07/2026/EKM dated 14.05.2026 U/s 7(a) of Prevention of Corruption (Amendment) Act 2018 has been registered at VACB Ernakulam Unit based on the complaint of Sri. Santhosh Joseph, Poovanikkunnel House, Ranipuram PO, Kasargode against Sri. Sreejith CP, Deputy Range Forest Officer as first accused and the accused/the petitioner herein Sri. Jimmy Scaria., Section Forest Officer, Mekkappala Forest Station, Ernakulam District as the second accused and the allegations is that the first accused of this case Sri. Sreejith C P, Deputy Range Forest Officer had demanded an amount of Rs.1,00,000/-(Rupees One lakh only) from the complainant and his colleague accountant of TSF Restaurant Sri. Martin for a case has been registered at Mekkappala Forest Station against the employees of the restaurant for killing a monitor lizard by the employees of the restaurant which entered in the restaurant Kakkanad on 16.04.2026. Two employees of the restaurant were arrested in this case and they were under judicial custody and were released after one week. Then on 12.05.2026 both the complainant and his colleague summoned to Mekkappala Forest station and the first accused and the second accused (herein as petitioner) threatened the complainant and his colleague will be added in the array of accused list and in order to exonerate them, they had demanded an amount of Rs.1,00,000/- as bribe. The first accused reiterated the demand on 13.05.2026, while the accountant of the restaurant called the first accused as the instructed by him there by the accused persons committed offence punishable under section 7 (a) of PC (Amendment) Act 2018.

3.It is humbly submitted that on 14.05.2026, after completing the pre trap procedures including the preparation of Entrustment mahazar. The trap team including the defacto complainant and Sri. Martin who is the accountant of TSF Restaurant and official witnesses proceeded Mekkappala. At about 4.40 pm the second accused Sri. Jimmy Scaria called Sri. Martin and asked him to come at Kakkanadu then we were proceeded to Kakkanadu. At about 5.46 pm again Sri Jimmy called Martin and said that he is at Perumbavoor then according to that we had proceeded to Perumbavoor. After reaching at Perumbavoor, Martin called the 2nd accused at 07.01 pm then he said that he is at Kuruppampady then we have reached at Kuruppampady at about 07.22 pm then the 2nd accused instructed him to get inside the Kuruppampady Bus stand then Martin and trap team entered in the bus stand but he was not there then Sri. Martin again called him at 7.25 pm then he told him that he went out side of the bus stand then they met at in Aluva-Munnar Road. As per the direction of the 2nd accused both of them walked towards Munnar direction and at about 7.35 pm, while reached Infront of the west gate of MGM HS School the 2nd accused had accepted the bribe of Rs.1,00,000/- from Sri. Martin. Then the 2nd accused was caught red handed by the Vigilance team in the presence of official witnesses on 14.05.2026 at 07.35 PM. While seeing the Vigilance team the accused thrown away the bribe money along with his mobile phone to Aluva-Munnar Road. The phenolphthalein test conducted both right-hand and left-hand fingers of the accused yield positive result. There after seized the trap money of Rs.1,00,000/-from Aluva-Munnar road including his mobile phone. The reco