Bail granted due to lack of incriminating evidence, near-complete investigation, and prior bails in connected cases.

ORDER

[Bail Appl. Nos.1935/2026, 1943/2026, 1946/2026, 1952/2026]

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. All these bail applications are connected. The applicants in all the bail applications are one and the same. B.A.No.1935 of 2026 pertains to Crime No. 106 of 2026, B.A.No. 1943 of 2026 pertains to Crime No. 47 of 2026, B.A.No. 1946 of 2026 pertains to Crime No. 129 of 2026 and B.A.No. 1952 of 2026 pertains to Crime No. 77 of 2026 of Kalamassery Police Station, Ernakulam District. The offences alleged in all the crimes are punishable under Sections 316 (2) and 318(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS ).

3. The prosecution allegation in all these crimes is that the applicants who were the directors of Agri Tourism Multi State Co-operative Society Limited, with the intention of making unlawful gain for themselves and causing wrongful loss to the respective de facto complainants, made them believe that the Society is recognized by the Central Government and promised them that the money deposited would be returned with interest at the rate of 13% per annum on the maturity date. Believing the said promise, the de facto complainants deposited money in the Society as fixed deposits. Thereafter, the applicants cheated them without paying the interest as promised or returning the principal amount and thereby committed the offences.

4. I have heard Smt.Anjali Menon, the learned counsel for the applicants and Sri.K.A. Noushad and Smt.Sreeja V., the learned Senior Public Prosecutors. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Senior Public Prosecutors submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 15.03.2026. The investigation is almost over. The applicants were granted anticipatory bail in 40 connected cases. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose.

Hence, the applicants are entitled to be released on bail.

In the result, the applications are allowed on the following conditions: -