A bail application can be denied based on the nature of accusations and investigation stage, irrespective of the accused's claims of innocence.

O R D E R

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. The petitioner is the accused in Crime No.24/2025 of Cyber Crime Police Station, Kozhikode. The offences alleged against the petitioner are punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 66 (D) of the Information Technology Act , 2000. 3. The prosecution case as discernible from the order passed by the Sessions Judge, Kozhikode, is as follows:-

“The petitioner is arrayed as accused in the above crime alleging that between 23.06.2025 and 02.08.2025 somebody including the petitioner had induced the defacto complainant through WhatsApp groups to invest money in share market to earn profit. Believing the above inducement, defacto complainant had invested a total of Rs.35,21,079/- by different occasions. Subsequently, the victim realized that he was cheated by the petitioner and his associates. Since the petitioner is also alleged to have involved in the occurrence, he was made as accused.

[sic]”

4. The petitioner was arrested on 10.09.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that he is innocent of the allegations levelled against him and the further detention of the petitioner is not required.

7. The learned Public Prosecutor submitted that in twenty five transactions, a sum of Rs.35,21,079/- was obtained by the petitioner from the account of the defacto complainant making him believe that the amount would be invested in the share market.

8. The Case Diary reveals that the petitioner defrauded the money from the defacto complainant and got credited to his account and withdrew the same during different occasions.

9. The learned Public Prosecutor submitted that the investigation is only at the preliminary stage and the offences alleged are grave in nature.

Having regard to the stage of the investigation, I feel that the petitioner is not entitled to be released on bail at this stage. Therefore, the Bail Application stands dismissed.