Pre-arrest bail may be granted when the parties have reached a settlement through mediation, rendering custodial interrogation unnecessary.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

The applicants are the accused Nos. 1 and 2 in Crime No.232/2026 of Mankada Police Station, Malappuram District. The offence alleged is punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the applicants, who are the oil suppliers to the Arangode Siva Temple, with an intention to cheat the defacto complainant, a patron of the temple committee, induced him to invest money in their oil business by assuring him of a substantial share of the profits and, on 01.02.2023, executed an agreement with the defacto complainant and dishonestly obtained a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from him and thereafter failed to fulfill their promise causing a wrongful loss to the defacto complainant and wrongful gain to themselves and thereby committed the offence.

I have heard Sri. Navaneeth N. Nath, the learned counsel for the applicants, Sri. V. John Sebastian Ralph, the learned counsel for the de facto complainant and Sri. Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

It is submitted that the matter has been settled at the mediation and a settlement agreement has been entered into between the parties. Hence, I am of the view that the custodial interrogation of the applicants seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants. In the result, the application is allowed on the following conditions:-

(i) The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each 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 applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of alike nature while on bail.

(v) The applicants 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 applicants 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.