Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 5002

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
KOLATT DASAN PRATHAPAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 390 OF 2026 | BAIL APPL. NO. 391 OF 2026 | BAIL APPL. NO. 392 OF 2026 | BAIL APPL. NO. 393 OF 2026 | BAIL APPL. NO. 395 OF 2026 | BAIL APPL. NO. 399 OF 2026 | BAIL APPL. NO. 400 OF 2026 | BAIL APPL. NO. 414 OF 2026 | BAIL APPL. NO. 589 OF 2026 | BAIL APPL. NO. 591 OF 2026

Advocates:
For the Appellant: SHRI.T.K.RAJESHKUMAR, SHRI.MANOJ V GEORGE, SHRI.JIJO JOSE, SMT.T.N.BINDU, SHRI.NANDAN SURESH
For the Respondent: SMT.SREEJA V., SRI.M.C.ASHI, SRI.K.A. NOUSHAD

Bail applications granted due to prolonged custody despite serious allegations; conditions imposed to prevent interference with investigation.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail application - Multiple applications filed by the same applicant seeking bail under various criminal charges including cheating and fraud. The prosecution alleges that the applicant induced complainants and promised returns on their deposits, which resulted in financial loss without any returns as promised. Considering the applicant's lengthy custody, the court grants bail subject to conditions ensuring cooperation with the investigation and non-interference with witnesses (Paras 2, 3, 6).

(B) Conditions for Bail - The court emphasizes the necessity of bail conditions aimed at preventing interference in the investigation and maintaining a lawful process, which includes regular contact requirements with investigatory authorities and restrictions on leaving the state (Paras 6).

Facts of the case:
The applicant faces multiple charges of cheating involving a scheme that promised attractive financial returns, leading to allegations against him and his company. The prosecution posits that he has fraudulently obtained money from the complainants without fulfilling his promises.

Findings of Court:
The court recognizes the serious nature of the charges but notes the applicant's prolonged incarceration, allowing bail with specific conditions to ensure compliance and oversight.

Issues: The primary issue is whether the applicant should be granted bail considering the nature of the charges and the time spent in custody.

Ratio Decidendi: The court ruled that, although the allegations are serious, continued detention is not warranted given the applicant's lengthy time in custody and his cooperative history. The bail conditions aim to safeguard the integrity of the investigation.

Result: Applications allowed.

Judgement Key Points

The key points from the provided legal document are as follows:

The bail applications were filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, involving a single applicant accused of multiple criminal charges across various cases (!) (!) .
The applicant faces charges related to cheating and fraud, specifically involving inducement of victims to deposit money with promises of attractive returns, which were not fulfilled (!) .
The applicant has been in custody since August 29, 2025, and has been involved in several connected cases. Despite the seriousness of the allegations, the court noted the applicant's prolonged detention and previous bail grants in related matters (!) (!) .
The court considered the absence of sufficient materials directly linking the applicant to the crimes, the applicant's cooperation with the investigation, and the fact that he has been in custody for more than sixty days. These factors contributed to the decision to grant bail (!) .
The bail was granted with specific conditions aimed at preventing interference with the investigation and ensuring lawful conduct, including:
Executing a bond of Rs. 1,00,000 with two solvent sureties
Full cooperation with the investigation
Regular appearance before the investigating officer on Saturdays and as required
Restrictions on committing similar offences, contacting witnesses, tampering with evidence, or influencing witnesses
Prohibition on leaving the state of Kerala without court permission (!) - (!) .
Any requests for modification, deletion, or cancellation of bail conditions must be filed before the appropriate court (!) .

These points encapsulate the court's reasoning, the conditions imposed, and the procedural aspects related to the grant of bail in this case.

Table of Content
1. bail applications based on multiple charges of fraud. (Para 1 , 2 , 3)
2. court hears arguments on the applicant's innocence and need for bail. (Para 4 , 5)
3. bail granted with conditions to prevent interference. (Para 6)

ORDER

All these bail applications 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. The applicant is the accused No.1 in Crime Nos. 674/2024, 752/2025, 753/2025, 1021/2025, 110/2024, 361/2024, 725/2024, 920/2024, 1010/2024 and 975/2025 of different Police Stations of various Districts. The offences alleged are punishable under Section 420 read with Section 34 of the Indian Penal Code (B.A. Nos.390/2026, 393/2026, 395/2026, 399/2026, 400/2026, 414/2026) and Sections 316(2), 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.A. Nos.391/2026, 392/2026 and 591/2026). In bail application No.589/2026, the offences alleged are punishable under Sections 406 and 420 read with of the and Section 66D of the Information Technology (Amendment) Act , 2008.

3. The prosecution case in all the cases is that the applicant along with the remaining accused induced the defacto complainants to part with money by promising that, if they deposit money in the Company namely High Rich Online Shoppee (P) Limited, attractive returns would be provided and thereafter, cheated them without giving any returns or refunding the principal amount they had deposited.

4. I have heard Sri.T.K.Rajeshkumar, the learned counsel for the applicants, Sri.M.C.Ashi, Sri.K.A.Noushad and Smt.Sreeja V., the learned Senior Public Prosecutors. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutors, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant is the Managing Director of the Company. He has been arrested in all the above crimes on different dates and he is in custody since 29.08.2025. He has already been granted bail in several connected matters. Even though allegations are serious, considering the fact that he is in custody for more than sixty days, I am of the view that his further detention is not necessary. Hence, the applicant is entitled to be released on bail.

In the result, the applications are 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) in each case 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.

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