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2026 Supreme(Online)(Ker) 7498

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


Advocates:
For the Appellants/Petitioners: SRI.C.C.ANOOP
For the Respondents: SRI.M.C. ASHI

Table of Content
1. the factual basis for the bail application and the allegations of fraud are established. (Para 1 , 2 , 3)
2. arguments presented by both sides regarding bail considerations. (Para 4 , 5)
3. the court's observation on the need for interrogation before bail approval. (Para 6)

ORDER

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 sole accused in Crime No.50/2025 of Cyber Crime Police Station, Palakkad District. The offences alleged are punishable under Section s 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita ( BNS ), 2023 and Section 66D of the Information Technology Act, 2000 .

3. The prosecution case, in short, is that the applicant, with the intention to cheat the de facto complainant and to fraudulently obtain money, contacted him through social media by falsely promising that he could earn huge profits through online trading. Believing such representations, the de facto complainant, during the period from 08.07.2025 to 02.09.2025, transferred a total amount of ₹42,35,925/- (Rupees Forty Two Lakh Thirty Five Thousand Nine Hundred and Twenty Five o

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