The court emphasizes the presumption of innocence and the need for substantial evidence to justify detention pending trial.

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.3 in Crime No.272/2025 of Eloor Police Station, Ernakulam District. The offences alleged are punishable under Sections 316 (2) and 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and 66D of the Information Technology Act , 2000.

3. The prosecution case, in short, is that the accused through his Facebook ID, convinced and induced the informant to invest money in an investment firm called C.M.C. Global for obtaining high profits. From 03.05.2025 to 12.06.2025, the complainant invested Rs.1,58,52,659/- (One Crore Fifty-Eight Lakh Fifty-Two Thousand Six Hundred and Fifty-Nine Rupees) via RTGS, Google Pay, and NEFT into the C.M.C. Global investment firm from his SBI Udyogamandal branch account number 57013749827. But the informant neither received the invested amount nor any profit till date. Thereby, the accused persons have committed the offences.

4. I have heard Sri. P.K.Subhash, the learned counsel for the applicant and Sri. M.C.Ashi, 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 15.01.2026. The investigation is almost over. Admittedly, no amount came to the account of the applicant. The prosecution allegation is that the accused No.1 misappropriated the amount and it was transferred to the accused No.2’s account which was handled by the applicant. The applicant has no criminal antecedents. 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 EDAPPAGATHJUDGEARKAPPENDIX OF BAIL APPL. NO. 581 OF 2026PETITIONER ANNEXURESANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 272 OF 2025 OFELOOR POLICE STATION DATED 17-06-2025ANNEXURE A2 TRUE COPY OF THE ORDER IN C.M.P NO. 2 OF 2026IN CRIME NO. 272/2025 OF ELOOR POLICE STATIONON THE FILES OF JFCM, KALAMASSERY DATED 20.01.2026