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2025 Supreme(Online)(Ker) 53044

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JUSTIN P.J. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13845 OF 2025 | CRIME NO.949/2025



Advocates:
For the Appellants/Petitioners: SMT.ANUPAMA SUBRAMANIAN
For the Respondents: M C ASHI SR PP

The court determines that insufficient evidence warrants bail for the accused, emphasizing cooperation in ongoing investigations and compliance with conditions.

Headnote:This application seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pertaining to Crime No.949/2025, where the accused is alleged to have taken Rs.1 lakh to commit offences. The court found insufficient evidence connecting the applicant to an organised crime syndicate and granted bail with conditions. The primary issue framed involved the applicant's entitlement to bail given the allegations. The court reasoned that continued detention was not warranted due to lack of evidence and the applicant’s cooperation with investigation. The decision allows bail with specified conditions.

Table of Content
1. application filed seeking bail under relevant statutes. (Para 1 , 2 , 3)
2. arguments presented regarding innocence and evidence. (Para 4 , 5)
3. court's conclusion on lack of evidence for continued detention. (Para 6)

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. The applicant is the accused No.1 in Crime No.949/2025 of Anthikad Police Station, Thrissur. The offence alleged is punishable under Section 111 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the accused herein who is alleged to be part of an organised syndicate, took an amount of Rs.1 lakh to commit certain offences against one Mr. Anandan and thereby committed the offence alleged.

4. I have heard Smt.Anupama Subramanian, the learned counsel for the applicant and Sri.M.C. Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was arrested on 11.11.2025 and he has been in judicial custody since then. The investigation is almost over, and the applicant has no criminal antecedents. The prosecution has no case that the applicant is part of an organised crime syndicate. The only other allegation is that the accused Nos.2 and 3 are part of an organised crime syndicate. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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