Bail denied due to serious charges and ongoing investigation.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the first accused in Crime No.525 of 2025 of Kareelakulangara Police Station, Alappuzha, registered for the offences punishable under Section 310 of the Bharatiya Nyaya Sanhita, 2023 .

3. According to the prosecution, on 13.06.2025, the accused had, in furtherance of their common intention to commit decoity, restrained a parcel lorry bearing registration No.TN-56-K-4577 and took out two parcels from it, which allegedly contained Rs.3,24,00,000/-, and thereby committed the offences alleged. Petitioner was arrested on

21.06.2025, and has been in custody since then.

4. I have heard Sri. Nireesh Mathew, the learned counsel for the petitioner as well as Sri. Noushad K. A., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the entire prosecution allegations are quite mysterious, especially since the FIR was registered belatedly. It was also submitted that it is quite puzzling to note that the parcels were loaded onto a lorry and the accused were able to identify those two parcels from the container specifically carrying the huge amount of Rs.3.24 Crores. It was also submitted that the entire allegations would only reflect a hawala transaction being carried out by the defacto complainant, and complaints have been raised for some obvious reasons, including the petitioner is an accused. The learned counsel also submitted that petitioner is totally innocent, and having regard to the period of detention already undergone, further custody is not necessary. 6. The learned Public Prosecutor, on the other hand, submitted that the allegations are very serious. It was also submitted that the delay in registering the FIR has been properly explained. The incident occurred on 13.06.2025 at 04.30 pm., and the FIR was registered at the midnight of 14.06.2025, and since the time shown was one minute past 12.00 pm on 14.06.2025, the date mentioned in the FIR is 15.06.2025, and hence, there is no inordinate delay to create any doubt in the prosecution case. The learned Public Prosecutor also submitted that the investigation has just commenced, and since the allegations are serious and recovery has not been effected, petitioner ought not to be released on bail.

7. On a perusal of the allegations in the FIR, it is noticed that petitioner and other accused have committed dacoity on a highway by robbing an amount of Rs.32.24 crores from a parcel lorry. Though petitioner raised certain contentions regarding the manner in which the incident is alleged to have occurred, which is doubtful according to him, I am of the view that those are all matters for the investigating ofÏcer to identify and conclude. Since the investigation has only commenced and the currency notes have not yet been recovered, I am of the view that this is not a fit case to release the petitioner on bail.

Accordingly, the bail application is dismissed.