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2026 Supreme(Online)(Ker) 1404

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NIJESH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14604 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.NESAMUDHEEN, SHRI.RIBIN LAL S, SMT.SAFA C.M., SMT.THASMIYA MANIKANDAN
For the Respondents: SRI.M.C.ASHI, SR. PP.

Bail can be granted if no material connects the accused with the alleged crime and if the investigation is almost complete.

Headnote:This application for bail was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 due to allegations involving significant financial fraud. The petitioner, accused of coordinating a scam leading to ₹ 22.62 lakhs being transferred by the defacto complainant, maintained innocence. The court determined the absence of evidence linking the petitioner to the crime justifying bail, particularly noting the completion of the investigation and previous bail grants to co-accused. Bail was granted under specific conditions including cooperation with authorities and non-contact with prosecution witnesses. The application is allowed.

Table of Content
1. allegations of financial fraud involving substantial sums. (Para 1 , 2)
2. arguments presented by both parties regarding bail eligibility. (Para 3 , 4 , 5)

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.

1511/2024 of Sasthamcotta Police Station, Kollam District. The offences alleged are punishable under Section 3 18 (4) read with (5) of the Bharatiya Nyaya Sanhita, 2023 and Section

66(D) of the Information Technology Act , 2000.

3. The prosecution case is as follows:- The defacto complainant is a lady, aged 30 years working in IT sector. The applicant and the other accused had contacted the defacto complainant through facebook account, she was also added to a telegram account and she was made to go through different things styled as tasks for enlisting her for employment. She was made to send different amounts of money to different accounts. The defacto complainant had transferred ₹ 22.62 lakhs to different accounts as directed by the accused. A sum of ₹ 22 lakhs were transferred to the account of the accused No.2 in three different banks. Though no money was transferred to the account of the applicant, the entire transactions were operated by the applicant. He had co- ordinated the entire activities. As a result, the defacto complainant had lost a sum of ₹ 22.62 lakhs and thereby committed the offences.

4. I have heard Sri.Nesamudheen, 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 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

26.11.2025. The investigation is almost over. Admittedly, no money was transferred to the account of the applicant. Accused Nos. 3 and 4, into whose accounts the amounts were transferred, have already been released on bail. For 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. 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 APA APPENDIX OF BAIL APPL. NO. 14604 OF 2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 21/11/2024 IN THE CRIME NO: 1511/2025 OF SASTHANCOTTAH POLICE STATION ANNEXURE A2 THE TRUE COPY OF TH

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