SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 11734

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
KIRAN K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 914 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.SAJAN VARGHEESE K., SHRI.FADHI RAHMAN, SMT.NAYANA PRADEEP
For the Respondents: SRI.M.C. ASHI

The court emphasizes that mere allegations without substantial evidence do not justify continued detention and that bail should be granted under reasonable conditions.

Headnote:This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail for the accused facing allegations of criminal breach of trust and cheating under Sections 316(2) and 318(4) of the Bhartiya Nyaya Sanhita, 2023. The prosecution claims that the applicant and others collected funds but failed to remit them, leading to significant financial loss. The court found insufficient evidence to deny bail, reasoning that continued detention was unwarranted given the applicant's lack of prior criminal record. The application for bail is granted with specific conditions.

Judgement Key Points

Case Summary: Bail Application Granted

  • Application Details: Filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for regular bail. (!)
  • Parties and Crime: Applicant is Accused No. 1 in Crime No. 1056/2025 at Chittoor Police Station, Palakkad District. Offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). (!) (!)
  • Prosecution Allegations: Applicant (partners of Delivery Hub for Central SLP Sitics Logistics Solutions Pvt. Ltd.) delivered orders for Amazon/Flipkart, collected Rs. 12,50,000/- via UPI/COD from 01.09.2025 to 04.10.2025, but altered ERP system to show "Out for Delivery" and failed to remit funds, committing criminal breach of trust and cheating. [3]
  • Arguments by Applicant: Innocent, falsely implicated, no materials connecting to crime; entitled to bail. [5]
  • Arguments by Prosecution: Incident part of intentional criminal acts; not entitled to bail. [5]
  • Hearing and Review: Arguments heard from counsel and Senior Public Prosecutor; case diary perused. [4]
  • ** Detention and Investigation Status**: Remanded to judicial custody on 12.2025; investigation almost complete; no criminal antecedents. (!) (!)
  • Court Reasoning for Bail: No reason for continued detention; bail granted. (!)
  • Bail Conditions:
  • Execute bond of Rs. 1,00,000/- with two solvent sureties. (!)
  • Fully cooperate with investigation. (!)
  • Appear before Investigating Officer every Saturday 10-11 a.m., and as required. (!)
  • Not commit similar offences. (!)
  • Not contact/tamper with witnesses or evidence. (!)
  • Not leave Kerala without trial court permission. (!)
  • Applications for modification/cancellation to jurisdictional court. (!)
  • Outcome: Application allowed. (!)

Table of Content
1. allegations of criminal breach of trust based on financial misconduct. (Para 2 , 3)
2. arguments regarding the applicant's innocence and evidence. (Para 4 , 5)

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.1 in Crime No.1056/2025 of Chittoor Police Station, Palakkad District. The offences alleged are punishable under Sections 316 (2)

and 318(4) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the defacto complainant is the Manager of Central SLP Sitics Logistics Solutions Private Limited, 18/802, English Church road, Palakkad, Kerala-678014. During the period from 01.09.2025 to 04.10.2025, the applicant and accused Nos. 2 to 8 who are the partners of Delivery Hub of above said company situated at Chenthamara Nagar, Thathamangalam, delivered the orders of the companies like Amazon and Flipkart to customers and collected money through "UPI payment" and "Cash on Delivery" methods. But, they made changes in the ERP system by showing the orders as "Out for Delivery” in the company records. Thereby they committed criminal breach of trust and cheating by not giving the amount of Rs.12,50,000/- to the companies collected from the customers and thereby committed the offences.

4. I have heard Sri.Sajan Varghese K., 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

29.12.2025. The investigation is almost over. 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 EDAPPAGATH, JUDGE

APA

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top