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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.4 in Crime No.573/2026 of Erumapetty Police Station, Thrissur District. The offence alleged is punishable under Section 112 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant along with the accused Nos. 1 to 3 and 5, who are the members of illegal organized financial crimes, with a fraudulent and dishonest intention to cheat the public, as per the direction of the applicant, the accused Nos.1 to 3, opened bank accounts bearing Nos.40375101116618, 40375101116690 and 40375101116706 respectively at Kerala Gramin Bank, Erumapetty branch and handed over the bank accounts to the applicant through accused No.1. An amount of Rs.5,50,800/-, Rs.4,57,100/- and Rs.5,50,709/- were transferred to the accounts of the accused Nos.1 to 3 respectively from the account of the victims. It is further alleged that after the arrest of the accused No.1, it is revealed that the bank accounts, pass books, ATM cards and SIM cards of the other accused persons were collected and handed over as per the direction of one Salman, who is the accused No.5 and he transferred an amount of Rs.5,000/- through GooglePay into the mobile number of the accused No.1 and thereafter the accused persons withdrew the said amounts. The applicant thereby committed the offences.
I have heard Sri. K.K.Subeesh, 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 07.09.2026. The applicant is a boy aged 19 years who does not have any criminal antecedents. The main allegation is against the accused No.5. The allegation is that the accused Nos.1 to 3 opened the bank account in question at his instance. 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.