The court determined that absence of evidence connecting the applicant to the alleged crime justified his entitlement to bail under BNSS, 2023.

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.283/2026 of Alathur Police Station, Palakkad District. The offences alleged are punishable under Sections 318 (4) and 112(2) of the Bharatiya Nyaya Sanhita , 2023 and Section 66D of the Information Technology Act , 2000.

3. The prosecution case, in short, is that the accused Nos. 1 and 2, acting in concert as part of an organized group, utilized modern Cyber online systems and electronic devices during the period from 13.11.2025 to 16.11.2025 and dishonestly induced several persons to transfer money through various electronic modes of transaction. It is alleged that an amount of Rs.49,79,981/- (Rupees forty nine lakhs seventy nine thousand nine hundred and eighty one only) was fraudulently obtained from different persons and credited into Account No.

17640200002263 maintained in the name of the applicant/

accused No. 1 in the Federal Bank. It is further alleged that the accused, along with another associate named Anugrah, withdrew the said amount from the account and thereby committed cheating and criminal breach of trust through online Cyber fraud. Thus, the applicant has committed the above mentioned offences.

4. I have heard Sri. V.A.Johnson (Varikkappallil), 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 05.03.2026. The investigation is almost over. The recovery has been effected. No criminal antecedents has been reported against the applicant. 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.