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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicants are the accused Nos. 2 and 5 in Crime No.701/2026 of Ollur Police Station, Thrissur District. The offences alleged are punishable under Sections 316(2) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the accused Nos. 2 to 6 allegedly deceived the de facto complainant, who came into contact with the accused through the Instagram profile of “MASTER BUILT INDIA”, by representing that a residential house would be constructed at Kozhinjampara and that an amount of Rs.2,12,000/- was transferred from the account of the de facto complainant to the account of the company between 23.03.2026 and 26.05.2026, but the construction was not commenced within the stipulated period and the amount was not returned. Thus, the applicants have committed the offences.
I have heard Sri. Aneesh K.R., the learned counsel for the applicants and Sri. V. Vinay, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.
The applicants are only the employees of the company who undertook the construction of the house of the defacto complainant. The amount was paid by the defacto complainant to the account of the company. The applicants did not personally receive any amount from the defacto complainant. The applicants have no criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation 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:-
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.
The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.
The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.
The applicants shall not commit any offence of a like nature while on bail.
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.
The applicants shall not leave the State of Kerala without the permission of the trial Court.
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.