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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


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

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. (!)

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

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