The court determined that insufficient evidence justified granting bail to the accused under specific conditions.

ORDER

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.4 in Crime No.1327/2025 of Quilandy Police Station, Kozhikode District. The offences alleged are punishable under Sections 331 (3), 305 and

306 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that at 01:50 am (Saudi time), on 20.08.2025, the accused persons, in furtherance of their common intention, trespassed into ‘Hira Gold and Diamonds’ in Sharafiya and committed theft of gold ornaments worth Rs.5,10,00,000/-. Thus, the applicant has committed the offences alleged.

4. I have heard Sri.Adithya Rajeev, the learned counsel for the applicant and Sri.K.A. Noushad, 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 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 20.02.2026. The investigation is almost over. The incident took place in Saudi Arabia. The applicant has been implicated mainly on the basis of the confession statement made by accused No. 1 before the Saudi police. It is submitted that, in the criminal case registered against accused No. 1 in Saudi Arabia, in respect of the very same incident he was already tried and acquitted. A copy of the judgment has been produced by the applicant.

7. In the remand report, it is stated that, apart from the confession statement, CCTV visuals seized from the jewellery shop would prove the involvement of the applicant. On the last hearing date, I directed the learned Public Prosecutor to issue directions to the Investigating Officer to produce the CCTV visuals and to file a report. Accordingly, a report has been filed. In the report, it is stated that the CCTV visuals show that the two persons who trespassed into the jewellery shop and committed theft of the gold were wearing masks. 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. KAU