IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
DOJO DAVIS – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 50 OF 2026
| Table of Content |
|---|
| 1. allegations of loan availed illegally. (Para 2 , 3) |
| 2. court considered innocence and lack of evidence. (Para 4) |
| 3. bail granted with conditions on cooperation. (Para 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.4 in Crime No.241/2022 of Mala Police Station, Thrissur District. The offences alleged are punishable under Sections 465 , 469, 471 and
500 r/w Section 34 of IPC .
3. The prosecution case, in short, is that on a day in between 01/07/2014 and 31/12/2014 the accused Nos.1 to 4 availed an illegal loan in the name of the defacto complainant without her knowledge and the loan become due for Rs.
19,10,177/- and thereby committed the offences.
4. I have heard Sri.Antony Paul, the learned counsel for the applicant and Smt.Sreeja V., 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 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 formal arrest of the applicant is recorded on
01.01.2026 and since then he is in custody. The applicant was working as Junior Clerk in the bank. The loan was availed by accused Nos.1 and 2. The investigation is almost over. 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 AS APPENDIX OF BAIL APPL. NO. 50 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.241/2022 OF MALA POLICE STATION ANNEXURE A2 TRUE COPY OF NOTICE OF GROUNDS OF ARREST DATED 01.01.2026 IN CRIME NO.241/2022 OF MALA POLICE STATION
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