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2025 Supreme(Online)(Ker) 52332

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SAJEESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13590 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.MOHANAKANNAN
For the Respondents: SRI. RENJIT GEORGE, SR.PP

Court denied bail due to serious charges and criminal antecedents.

Headnote:This bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 concerns the petitioner accused of embezzlement. The prosecution alleges misappropriation of funds amounting to 35 lakhs from an informant. The court finds the accusations substantial, given the petitioner's criminal history with multiple similar charges. The court ultimately dismisses the bail application.

Result: 'The Bail Application stands dismissed.'

Table of Content
1. accusations of embezzlement against the petitioner. (Para 2)
2. petitioner's arrest and custody status. (Para 4 , 5)
3. arguments presented by counsel regarding bail. (Para 6 , 7)
4. court's decision dismissing the bail application. (Para 8)

K.BABU, J.

--------------------------------------

B.A No.13590 of 2025 ---------------------------------------

Dated this the 19th day of November, 2025 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 accused No.3 in Crime No.511/2025 of Kuttiady Police Station, Kozhikode. The offences alleged against the petitioner and the other accused are punishable under Sections

316(2), 316(5) and 318(4) of the Bharatiya Nyaya Sanhita ( BNS ). 3. The prosecution case as narrated in Anx.A2 order reads thus:

“The accused, who is the chairman of Viswadeepthi Multi-Sate Agri Co-operative Society, along with the directors of the society, mad the informant to believe that he would get high rate of interest if he deposits amount in their society. Thereafter the accused herein, along with other accused, misappropriated 35 lakhs which was deposited by the informant in the society at different occasions between 13.12.2021 and 30.09.2024. The accused cheated the informant by not returning the amount. The accused is thereby alleged to have committed the above mentioned offences.” (sic)

4. The petitioner was arrested on 22.09.2025 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 the petitioner is innocent of the allegations levelled against him.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the petitioner has criminal antecedents.

8. The learned Public Prosecutor submitted that the offences alleged against the petitioner are grave in nature. It is submitted that the petitioner is also involved in the following crimes:

“(1) Crime No.274/25 u/s.406, 420 r/w 34 IPC of Iringalakkuda police station, (2) Crime No.411/25, u/s.316(2), 318(4) r/w 3(5) BNS of Iringalakkuda police station, (6) Crime No.792/25, u/s.316(2), 318(4) r/w 3(5) of Iringalakkuda police station, (7) Crime No.807/25, u/s.316(2), 318(4) r/w 3(5) of Iringalakkuda police station, (8) Crime No.814/25, u/s.316(2), 318(4) r/w 3(5) of Iringalakkuda police station, (9) Crime No.888/25, u/s.406, 420 r/w 34 IPC of Iringalakkuda police station, (10) Crime No.921/25, u/s.316(2), 318(4) r/w 3(5) of Iringalakkuda police station, (11) Crime No.922/25, u/s.316(2), 318(4) r/w 3(5) of Iringalakkuda police station, (12) Crime No.941/25, u/s 406, 420 r/w 34 IPC of Iringalakkuda police station, (13) Crime No.954/25, u/s.406, 420 r/w 34 IPC of Iringalakkuda police station, (14) Crime No.959/25 u/s 316(2), 318(4) r/w 3(5) of Iringalakkuda police station, (15) Crime No.984/25 u/s 316(2), 318(4) r/w 3(5) of Iringalakkuda police station, (16) Crime No.352/25 u/s 316(2), 318(4) r/w 3(5) of Kunnamkulam police station, (17) Crime No.400/25 u/s.316(2), 318(4) r/w 3(5) of Kunnamkulam police station, (18) Crime No.409/25, u/s 316(2), 318(4) r/w 3(5) of Kunnamkulam police station, (19) Crime No.410/25, u/s.316(2), 318(4) r/w 3(5) of Kunnamkulam (20) Crime No.425/25, u/s.316(2), 318(4) r/w 3(5) of Kunnamkulam police station, (21) Crime No.453/25, u/s.316(2), 318(4) r/w 3(5) of Kunnamkulam police station, (22) Crime No.425/25, u/s.406, 420 r/w 34 IPC of Trissur West police station, (23) Crime No.426/25 u/s 406, 420 r/w 34 IPC of Trissur West police station, (24) Crime No.532/25 u/s.406, 420 r/w 34 IPC of Trissur West police station, (25) Crime No.598/25 u/s.406, 420 r/w 34 IPC of Trissur West police station, (26) Crime No.599/25 u/s.406, 420 r/w 34 IPC of Trissur West police station, (27) Crime No.699/25 u/s.406, 420 r/w 34 IPC of Trissur West police station, (28) Crim

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