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2026 Supreme(Online)(Ker) 12888

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


Advocates:
For the Appellants/Petitioners: SRI.P.SANJAY, SMT.A.PARVATHI MENON, SRI.BIJU MEENATTOOR, SRI.KIRAN NARAYANAN, SRI.PAUL VARGHESE (PALLATH), SHRI.RAHUL RAJ P., SHRI.MUHAMMED BILAL.V.A, SMT.MEERA R. MENON
For the Respondents: SRI K A NOUSHAD(SR PP)

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

arrest bail.

2. The applicants are the accused Nos. 1 and 2 in Crime No.549/2025 of Elamakkara Police Station, Ernakulam District. The offences alleged are punishable under Sections 316 (2) and 318(4) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ).

3. The prosecution case, in short, is that the applicant Nos. 1 and 2 in collusion with accused No.3 Ashik, conspired to cheat the defacto complainant. It is alleged that under the guise of the financial requirement for the company named “Y-Fly International” owned by the applicant No.2, they persuaded the defacto complainant to permit a transaction through his bank account. Consequently, a sum of Rs.5,50,000/- was credited on 04.07.2025 from a CA Bank account to the State Bank of India account of the defacto complainant, which amount was later withdrawn in cash.

4. I have heard Sri.P. Sanjay, the learned counsel for the applicants and Sri. K.A Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. This Court, as per order dated 05.12.2025, directed the applicants to b

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