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2026 Supreme(Online)(Ker) 18959

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
YUVARAJ D – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1431 OF 2026 | CRIME NO.6/2026



Advocates:
For the Appellants/Petitioners: SHRI.SANOJ M.A.
For the Respondents: SRI.M.C. ASHI, SR. PP

The court grants bail upon finding no substantial evidence against the applicant, emphasizing cooperation with the investigation.

Headnote:This judgment concerns an application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused in Crime No.6/2026 of the Cyber Crime Police Station, facing charges under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2008. The applicant claimed innocence and lack of substantial evidence for the accusations made. The Court, after considering the submissions and circumstances, determined that the applicant could be released on bail due to absence of criminal antecedents and completion of investigation. The conditions for bail were stipulated, ensuring cooperation with ongoing investigations and prevention of tampering with evidence.

Table of Content
1. accusations of fraud and misappropriation against the applicant. (Para 2 , 3)
2. court considers arguments for and against bail. (Para 4 , 5)
3. conditions and reasoning for granting bail. (Para 6)

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 sole accused in Crime No.6/2026 of Cyber Crime Police Station, Palakkad District. The offences alleged are punishable under Sections 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2008 .

3. The prosecution case, in short, is that the applicant, with dishonest intention to cheat and to unlawfully misappropriate money, contacted the complainant through social media, induced him to deposit money in fraudulent schemes and thereby caused him to transfer huge sums of money through online transactions to various bank accounts. After receiving the amount, the applicant diverted the funds, failed to return the same, absconded when demanded, used the money for his own purpose on a commission basis and thereby committed the aforesaid offences.

4. I have heard Sri. Sanoj M.A., 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 28.02.2026. 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/-

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