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2025 Supreme(Online)(Ker) 45761

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SUNIL KUMAR U. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.MOHAMMED RAFEEQ, SRI.BIBIN MATHEW, SRI.P.M.MATHEW, SRI.AMARNATH R LAL, SHRI.SANALDEV E.P., SMT.VISHNUMAYA ANANDAN, SHRI.SONYMON ANTONY, SMT.FIDA P., SMT.SHIFANA M., SHRI.ABHIJITH P.A.
For the Respondents: SRI. PRASANTH M.P.

Table of Content
1. nature of fraud allegations against accused. (Para 2 , 3)
2. court's discussion on allegations and necessity for interrogation. (Para 4 , 8 , 10)
3. arguments for and against bail. (Para 5 , 6)
4. conditions attached to bail granted. (Para 11)

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the 5th accused in Crime No. 296/2025 of Peroorkkada Police Station, Thiruvananthapuram registered for the offences punishable under Sections 3 16 (2) and 318(4), r/w Section 3 (5)

of the Bharatiya Nyaya Sanhita , 2023.

3. According to the prosecution, the accused with an intention to cheat the defacto complainant had promised to arrange a job in a Super Market in New Zealand and collected an amount of Rs. 10,30,500/- from her during the intervening days between 18.04.2024 and 16.01.2025 and thereafter failed to provide the employment or return the amount and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been falsely arrayed as

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