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Judgment
All these bail applications are connected and hence they are disposed of by a common order. They are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant in all the bail applications is one and the same. B.A.No. 5805 of 2026 pertains to Crime No. 35 of 2025, B.A.No.5975 of 2026 pertains to Crime No.74 of 2025 and B.A.No.5976 of 2026 pertains to Crime No.76 of 2025 of Elamakkara Police Station, Ernakulam District. B.A.No.5931 of 2026 pertains to Crime No. 465 of 2025 of Guruvayoor Temple Police Station, Thrissur District. The applicant is the accused No.2 in all the crimes. The offence alleged in Crime Nos. 35, 74 and 76 of 2025 is punishable under Sections 420 r/w 34 of the Indian Penal Code, 1860 and the offence alleged in Crime No.465 of 2025 is punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant with the intention to cheat the defacto complainants and thereby to get unlawful gain induced them to take a membership of the stay package and thereby received amounts and thereafter cheated them without issuing stay voucher or returning the money and thereby committed the aforementioned offences.
I have heard Sri.Vivek Venugopal, the learned counsel for the applicant and Sri.V.Vinay and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutors. 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 Prosecutors 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 arrested on 28.09.2026 in Crime No.35 of 2025, on 05.10.2026 in Crime No.465 of 2025 and on 08.10.2026 in Crime Nos.74 and 76 of 2025. The investigation is almost over. That apart, the affidavits filed by the defacto complainants would show that the matter has been settled between the parties. 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 applications are 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) in each case 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 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.