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2025 Supreme(Online)(Ker) 52052

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
HARIPRASAD T.P. – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 13256 of 2025 | Crime No. 250/2025



Advocates:
For the Appellants/Petitioners: SRI.ANCHAL C.VIJAYAN
For the Respondents: SRI. G. SUDHEER, PP

The court grants bail while imposing conditions to ensure the accused's appearance and prevent tampering with evidence.

Headnote:This judgment analyzes an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerning offenses under the Bharatiya Nyaya Sanhita, 2023 for fraudulent intent leading to the alleged cheating of the petitioners. The court finds that the petitioner is entitled to bail based on an assessment of the investigation stage and judicial custody duration. The primary issues include assessing the necessity for continued detention versus bail release, with the court emphasizing conditions to mitigate risks of flight or evidence tampering. The bail application is granted under specific conditions related to bond execution and reporting to authorities.

Table of Content
1. application for bail under specified legal provisions. (Para 1 , 2)
2. details of allegations and accused's circumstances. (Para 3 , 4 , 5 , 6)
3. arguments for and against bail application. (Para 7 , 8)

O R D E R

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

2. The petitioner is the accused in Crime No.250/2025 of Manarcadu Police Station. The offences alleged against the petitioner are punishable under Sections 316 (2) and 318(4) of Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case as narrated in Annexure B order reads thus:

“With the fraudulent and dishonest intention of making wrongful gain and corresponding wrongful loss to the informant and her husband, the accused deceived them by making them believe that he is the Founder and Managing Director of the Pentecostal Missionaries of India and that The God has revealed to him that the informant and her husband has to transfer their money into the bank account maintained by the accused with Bank of Baroda, having Account No.34250100005289 and he will procure a house and property for them. On the basis of the deception practised by the accused, the informant and her husband were induced to transfer a sum of Rs.40,00,000/- into the account of the accused during the period from 11.01.2023 until 01.07.2024 and also the accused obtained a gold chain worth 75,000 from the informant and thereafter he committed cheating by not procuring the land and house for the informant and her husband and not returning ₹40,00,000/- obtained from them. ” [sic.]

4. The petitioner was arrested on 09.10.2025 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 the petitioner is a priest by profession and has a permanent address in Kerala. It is further submitted that the investigation is practically over and that the further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the petitioner petitioner has no permanent residence and is involved in several other cases.

8. I have gone through the Case Diary. Having regard to the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows: (a) The petitioner is ordered to be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10:00 A.M. and 11.00 A.M.

until further orders.

(c) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.

(d) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect.

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