Court affirmed the right to bail when sufficient grounds for detention are absent, emphasizing timely cooperation with investigations.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 12^TH DAY OF DECEMBER 2025 / 21ST AGRAHAYANA, 1947 BAIL APPL. NO. 14319 OF 2025 CRIME NO.519/2025 OF KALAMASSERY POLICE STATION, ERNAKULAM AGAINST THE ORDER DATED 17.07.2025 IN BAIL APPL. NO.7854 OF

2025 OF HIGH COURT OF KERALA PETITIONER/ACCUSED NO.1:

ATHUL V. RAMASWAMY AGED 35 YEARS SON OF VENKITARAMAN LATHA NIVAS, CHITTOOR ROAD, VADUTHALA.P.O., ERNAKULAM, PIN - 682023 BY ADVS.

SHRI.V.JOHN SEBASTIAN RALPH SHRI. RALPH RETI JOHN SHRI.VISHNU CHANDRAN SHRI.GIRIDHAR KRISHNA KUMAR SMT.GEETHU T.A.

SMT.MARY GREESHMA SMT.LIZ JOHNY SMT.KRISHNAPRIYA SREEKUMAR SHRI.ABHIJITH P.S SMT.DEVIKA MANOJ RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.SMT.M.K.PUSHPALATHA, SR.PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

12.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

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.519/2025 of Kalamassery Police Station, Ernakulam. The offences alleged are punishable under Sections 316(4), 318(3)

read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case, in short, is that accused No.1, who is the Manager, and accused No.2 who is the Public Relations Officer of Catholic Syrian Bank, Kalamassery Branch, in furtherance of their common intention to cheat the bank and commit criminal misappropriation, on 02.04.2025 accused No. 1 had taken away 210 grams of pledged gold ornaments, which were kept in the locker of the bank and thus committed the offences.

4. I have heard Sri.John Sebastian Ralph V., the learned counsel for the applicant and Smt.M.K.Pushpalatha, 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 remanded to judicial custody on 12.11.2025 and since then he has been in judicial custody. The investigation is almost over and recovery has already been effected. That apart, Annexure 2 would show that the applicant settled the entire claim. 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 juri