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2025 Supreme(Online)(Ker) 54993

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
TAPAN DAS – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14356 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.R.RENJITH, SMT.MANJUSHA K, SMT.SREELAKSHMI SABU
For the Respondents: SMT.M.K.PUSHPALATHA-SR.PP

Bail can be granted when detention is not necessary and there are no substantial links to the alleged crime.

Headnote:This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. The prosecution alleges that the applicant facilitated the forging of a false Aadhaar card for a national of Bangladesh. After evaluating arguments from both sides regarding the applicant's alleged involvement and the lack of criminal antecedents, the Court found no reason for continued detention and decided to grant bail. The main issues addressed include the criteria for granting bail and the reasoning for the Court's decision.

Result: The application is allowed with specific conditions for bail.

Table of Content
1. application filed seeking regular bail. (Para 1)
2. allegations regarding aiding in forgery and facilitating crime. (Para 2 , 3)
3. arguments heard and judgement made regarding bail conditions. (Para 4 , 5 , 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.2 in Crime No.1564/2025 of Sakthikulangara Police Station, Kollam. The offences alleged against the applicant are punishable under Sections 3 36 (2), 337(1), 339, 340(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Section 21 of Immigration and Foreigners Act , 2005 and Section 66 (c) of Information Technology Act , 2000.

3. The prosecution case, in brief, is that accused No. 1 is a national of Bangladesh. The applicant herein allegedly helped accused No.1 to forge a false Aadhaar card and also accommodated him along with him. He further facilitated the transfer of money earned by accused No.1 to Bangladesh. Accused No.1 was residing here using the forged and fake Aadhaar card and thereby committed the offences alleged.

4. I have heard Sri.R.Renjith, the learned counsel for the applicant and Smt.M.K. Pushpalatha, the learned 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 18.10.2025 and has been in judicial custody since then. He has been implicated as an accused based on the confession statement of accused No. 1, who is a Bangladesh national. The allegation against the applicant is that he helped accused No.1 to obtain a forged Aadhaar card. The applicant has no criminal antecedents. The investigation is almost complete. 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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