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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.1 in Crime No.231/2026 of Eloor Police Station, Ernakulam District. The offences alleged are punishable under Sections 316(2) and 318(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that with an intention to obtain unlawful gain to the accused persons and to cause unlawful loss to the defacto complainant, the applicant collected huge amounts from 1.1.2026 till last of July 2026 through his bank account (060205300000675) with South Indian Bank, Nedumbassery branch from the defacto complainant and his friends by giving false promise of making huge gains through online trading and website creation. The applicant collected an amount of Rs.60,00,000/- through Google pay to the account of the accused No.2 (SB Account No.15790100012466) with Federal bank, Nedumbassery branch and Rs.90,00,000/- by cash from the de-facto complainant. Later, the accused persons cheated the defacto complainant by neither paying the profit nor repaying the amount to him and thereby committed the aforementioned offences.
I have heard Sri.M.R.Dhanil, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 23.10.2026. The investigation is almost over. The applicant is a 20-year-old boy who does not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
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.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.