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2026 Supreme(Online)(Ker) 2308

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JAYAKUMAR J S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.C.MUHAMMED NOUSHIQ
For the Respondents: SRI.M.C.ASHI, SR.PP

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused No.5 in Crime No.3/2025 of Cyber Crime Police Station, Malappuram District. The offences alleged are punishable under Sections 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’) and Section 66 (D)

of the Information Technology Act (for short ‘IT Act’).

3. The prosecution case, in short, is that, the defacto complainant was allegedly induced by the accused to invest an amount of Rs.3,24,09,000/- between March 18 and April 7, 2025, through online promotions on Facebook and WhatsApp relating to platforms named “ASK-IATOP” and “484 ASK HNW Capital”. Believing the representations to be genuine, the complainant transferred the funds from his HDFC Bank account to various unknown accounts, and thereby the accused cheated the defacto complainant and thereby committed the offences alleged.

4. I have heard Sri.P.C. Muhammed Noushiq, 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

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