A bail application can be denied based on serious allegations and prior criminal records evidencing complicity in the offence.

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.2 in Crime No.785/2025 of Chalissery Police Station, Palakkad District. The offences alleged are punishable under Section 318 (4) r/w Section

3(5) of BNS, 2023.

3. The prosecution case, in short, is that the accused Nos.1 to 3, with a dishonest intention to cheat the defacto complainant, deliberately made him to believe that the property belonged to the accused No.3. Acting on such representation, an agreement was executed on 30.10.2024 between the accused No.1 and the defacto complainant for the sale of 6 cents of land situated at Kodungallur, together with a single storeyed building, for a total consideration of Rs.37,00,000/-, Pursuant to the said agreement, the accused received 10,00,000/- by cheque in the name of the accused No.2 and Rs.13,50,000/- in cash from the defacto complainant. Thereafter, the accused without registering or conveying the property in favour of the defacto complainant and without returning the money received, cheated him and unlawfully enriched themselves, thereby causing wrongful loss to the defacto complainant and committed the offences.

4. I have heard Sri.N.L.Bitto , 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 applicant was remanded to judicial custody on

23.12.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. A reading of the FIS would show that the applicant is the kingpin behind the transaction. The money has been transferred to his account. The applicant has criminal antecedents and is involved in eleven other crimes of similar nature. The learned Public Prosecutor submitted that the modus operandi in all other cases is one and the same.

Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-