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2025 Supreme(Online)(Ker) 54994

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED SADIQUE. P.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14364 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.NABIL KHADER, SHRI.DANIC ANTONY
For the Respondents: SMT.MAYA M.N.

An accused may be granted bail if no substantial evidence links them to the crime, and continued detention is unnecessary.

Headnote:The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regarding bail in Crime No.822/2024. The accused is claimed to have committed fraud against the complainant involving ₹19 lakhs. The court found no substantial evidence linking the accused, hence allowing bail under specific conditions. The issues revolved around the applicant's alleged involvement and the necessity of continued detention. The court concluded that the applicant was entitled to bail, subject to conditions.

Table of Content
1. allegations of fraud involving rs. 19 lakhs. (Para 1 , 2)
2. arguments on innocence and lack of evidence. (Para 4 , 5)

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.4 in Crime No.822/2024 of Karunagappally Police Station, Kollam. The offences alleged are punishable under Section 420 r/w Section

34 of the IPC and Section 66 (D) of IT Act.

3. The prosecution case, in short, is that the accused 1 to

4 together had cheated the defacto complainant, a lady threatening her that in a courier sent by her through 'Fedex Express' contained narcotic drugs. The accused had called the complainant telling her that they were calling from Fedex Express and had kept the complainant under the so called digital arrest for 19 hours and she was made to transfer about ₹19 lakhs from her accounts to different accounts provided by the accused.

4. I have heard Sri.Nabil Khader, the learned counsel for the applicant and Smt.Maya M.N., 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 remanded to judicial custody on

30.10.2025. The applicant was arrayed as an accused only on the basis of the confession of the accused No.3 and the accused No.3 is already on bail. The investigation is almost over. The applicant has no criminal antecedents. 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.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF BAIL APPL. NO. 14364 OF 2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 822 OF

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