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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.2 in Crime No.136/2025 of Elamakkara 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 the accused persons with an intention to deceive the defacto complainant and other 32 persons who are members of a WhatsApp group by name Yathra by making them believe that the accused persons company by name 'Widuentz Pvt Ltd.' will arrange their tour to Sri Lanka and thereby collected an amount of Rs.20,80,000/- but did not provide the service and also did not return Rs. 13,70,000/-. Thus, the applicant committed the aforementioned offences.
I have heard Sri.Vivek Venugopal, the learned counsel for the applicant and Sri.V.Vinay, the learned Senior 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 Senior 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 08.10.2026. The applicant is one of the Directors of 'Widuentz Pvt.Ltd.'. The accused No.1 is another Director. The documents produced along with the bail application would show that, in fact, the money has been received by the accused No.1 from the defacto complainant in his personal account. The applicant has given a complaint to that effect against the accused No.1 before the Elamakkara Police Station prior to the registration of this crime as evident from Annexure-2. The investigation is almost over. 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.