IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MADHU.P. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 348 OF 2026 | CRIME NO.353/2024
| Table of Content |
|---|
| 1. the applicant is accused of deceiving individuals for fraudulent job placements. (Para 2) |
| 2. the court assessed the application for bail against judicial custody and prosecution arguments. (Para 4 , 5 , 6) |
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 in Crime No.353/2024 of Adoor Police Station, Pathanamthitta District. The offence alleged is punishable under Section 420 of the IPC . 3. The prosecution case, in short, is that the applicant with intention to deceive the defacto complainant and his friends during the period between 7.01.2020 and 30.11.2020 received ₹29,10,000/- by falsely promising them job at Indian Railway, Bharathiyar University, Coimbatore and Government institutions at Chennai. Thereafter, the applicant failed to keep his promise and also failed to return the money received by him and thereby committed the offence.
4. I have heard Sri. A Rajasimhan, the learned counsel for the applicant and Sri. K.A. Noushad, 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 applicant was initially granted anticipatory bail by this Court as per Annexure A2. The defacto complainant challenged the said order before the Supreme Court and as per Annexure A3 order, Annexure A2 order passed by this Court was set aside and the applicant was directed to surrender before the Court concerned. However, the applicant did not surrender as directed. Therefore, he was arrested and produced before the jurisdictional court and he was remanded to custody on 12.1.2026. Since then he is in judicial custody. It is submitted that the investigation is almost over. For these reasons, further detention of the applicant appears to be not necessary. 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 kp APPENDIX OF BAIL APPL. NO. 348 OF 2026 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR NO. 353 OF 2024 OF ADOOR POLICE STATION Annexure A2 TRUE COPY OF THE ORDER DATED 5-2-2025 IN BA NO. 1011 OF 2025 OF THIS HONOURABLE COURT Annexure A3 TRUE COPY OF THE ORDER DATED 13-10-2025 IN CRIMINAL APPEAL NO. 7468 OF 2025 OF THE HONOURABLE SUPREME COURT Annexure A4 TRUE COPY OF THE ORDER DATED 13-1-2026 IN CMP NO. 1 OF 2026 OF JUDI
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