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2026 Supreme(Online)(Ker) 2695

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JOHAN GEORGIE JAMES – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellant: SHRI.NAVEEN THOMAS
For the Respondents: SRI.M.C.ASHI, SMT.M.K. PUSHPALATHA

Judgement Key Points

Certainly. Here are the key points based on the provided legal document:

  • The bail applications were filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the applicant, who is accused in multiple cases involving allegations of cheating related to a financial scheme (!) (!) (!) .

  • The applicant, serving as the Managing Director of Nedumparambil Nidhi Limited, is accused of inducing depositors to invest money promising interest, then allegedly cheating them by not paying interest or returning the invested amounts (!) .

  • The court observed that there is insufficient material to deny bail, noting that the investigation is nearly complete and that there is no prima facie evidence suggesting dishonest inducement or lack of license from the Reserve Bank of India for the company (!) (!) .

  • The court highlighted that the earlier remand report did not indicate an intention to cheat from the outset, and the absence of allegations of dishonesty or unlicensed deposit collection supports the applicant’s entitlement to bail (!) .

  • The court granted bail with specific conditions, including executing a bond of Rs.1,00,000 with two solvent sureties, full cooperation with investigation, regular appearances before the investigating officer, refraining from committing similar offences, not tampering with witnesses or evidence, and not leaving Kerala without permission (!) (!) (!) (!) (!) (!) (!) .

  • Any application for modification or cancellation of bail conditions must be filed before the appropriate court (!) .

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O R D E R

These three bail applications are connected and hence they are disposed of by a common order. They are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant in all the bail applications is one and the same. B.A.No.294 of 2026 pertains to Crime No.1937 of 2025, B.A.No.296 of 2026 pertains to Crime No.1931 of 2025, B.A.No.298 of 2026 pertains to Crime No.1986 of 2025 and B.A.No.302 of 2026 pertains to Crime No.1987 of 2025 of Changanassery Police Station, Kottayam District. The applicant is accused No.3 in all the crimes. The offences alleged are punishable under Sections 406 , 420 read with Section 34 of the IPC, Sections 316 (2) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 21 (3) and 23 of the Banning of Unregulated Deposit Schemes , 2019.

3. The prosecution case in all the cases is that the applicant being the Managing Director of Nedumparambil Nidhi Limited induced the defacto complainants therein to deposit amounts promising interest and thereafter cheated them without giving interest as promised or returning the amount invested and thereby committed th

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