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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 sole accused in Crime No.1009/2026 of Angamaly Police Station, Ernakulam District. The offences alleged are punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant, who is conducting an institution named Axis Overseas, with the intention to cheat the defacto complainant, induced the defacto complainant to believe that he would arrange visa and employment for him abroad. From 10.10.2024 to 23.05.2025, the applicant obtained an amount of Rs.1,50,000/- from the defacto complainant to his bank account. Thereafter, the applicant failed to arrange the visa and employment for the defacto complainant, failed to return the money, cheated him and thereby committed the aforesaid offence.
I have heard Sri.Nesamudheen, 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 12.08.2026. The investigation is almost over. The applicant is engaged in providing facilitation and consultancy services in connection with foreign emigration, higher studies and overseas employment. But according to him, one Ms.Jerrin James, approached him and requested his assistance in arranging suitable candidates for employment opportunities in European countries. Accordingly, he arranged and referred certain candidates to her for the proposed overseas employment opportunities. It is further alleged that the amounts he collected in connection with the said transactions, including from the defacto complainant in the above crime, were transferred to the bank account of Jerrin James. Annexure A4 would show that the applicant had preferred complaints before the Vadasserikkara Police Station, Pathanamthitta District as well as the Valappad Police Station, Thrissur District, against Jerrin James as early as on 10.09.2025. 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.