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2026 Supreme(Online)(Ker) 5556

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
BASIM ALI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Sanil Kumar, Smt.Stiya Sivan, Smt.ASITHA M.M., Smt.K.R.RENJU, Smt.ATHIRA SUDHEER V.
For the Respondents: Smt.Stiya Sivan, Smt.K.R.RENJU, Smt.ASITHA M.M., Smt.ANJITHA APREM, Smt.HARITHA HARINATH, Smt.ATHIRA SUDHEER V., SRI.M.C. ASHI, SR. PP

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused No.2 in Crime No.988/2025 of Kalamassery Police Station, Ernakulam District. The offences alleged are punishable under Sections 3 16 (2), 318(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that in order to cause wrongful loss to the defacto complainant and wrongful gain to the accused, on 10.01.2025, in furtherance of their common intention, the accused has received 8 ¼ sovereigns of gold ornaments belonging to the defacto complainant by promising that she will be supplied ornaments of the same weight in a new fashion. Thereafter only 6.530 grams of gold ornaments were returned and 7.5 sovereigns of gold ornaments were misappropriated by the accused and thereby committed the offences.

4. I have heard Sri.Sanil Kumar, the learned counsel for the applicant, Smt.Stiya Sivan, the learned counsel for the additional respondent No.2 and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted

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