The court grants bail due to insufficient evidence linking the accused to the alleged crime, emphasizing the need for fair treatment in bail applications.

ORDER

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.7 in Crime No.34/2026 of Cyber Crime Police Station, Ernakulam District. The offences alleged are punishable under Sections 3 16 (2), 318 (4), 111 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the accused persons, through phone calls and chatting with the defacto complainant from the Telegram account named @Capitalix_bot, made the defacto complainant believe that he would get high profit if trading was done through the website www.capitalix.com. Believing the accused, the defacto complainant, during the period from 15.03.2023 to 29.08.2025, transferred an amount of 24,76,21,042/- to different bank accounts. After receiving the money, the accused neither paid the promised profit nor returned the amount and thereby committed the above offences.

4. I have heard Sri.Sarath Babu Kottakkal, the learned counsel for the applicant and Sri.K.A.Noushad, the Senior 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 bail. On the other hand, the learned Senior 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

07.01.2026. The allegation against the applicant is that he collected account details of accused No.2 and passed them to accused Nos.3 to 6. Admittedly, the applicant did not collect any amount. Accused No.2 to 5 were already granted bail. The investigation has reached an advance stage. 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/-