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2026 Supreme(Online)(Ker) 30559

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Mohammed Rishan – Appellant
Versus
State Of Kerala – Respondent
Bail Appl. No. 2048 of 2026



Advocates:
For the Appellants/Petitioners: Arun Raj
For the Respondents: Sreeja V.

Regular bail may be granted under S. 483 BNSS when the investigation is substantially advanced and the accused has no criminal antecedents.

Headnote:The petitioner filed an application under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with an alleged offence under S. 112 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner conducted financial fraud by using various bank accounts. The Court observed that the investigation was nearing completion and the petitioner had no prior criminal antecedents. The core issue was whether the continued detention of the petitioner was necessary. The Court reasoned that since the investigation is almost complete and there is no criminal history, the necessity for prolonged judicial custody is diminished. The application for bail is allowed subject to the execution of a bond and specific conditions including cooperation with the investigation and restrictions on tampering with evidence.

Table of Content
1. nature of the alleged offence and the application under bnss. (Para 1 , 2 , 3)
2. contentions of parties regarding bail entitlement. (Para 4 , 5)
3. court's reasoning for granting bail based on investigation status and history. (Para 6)

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.1 in Crime No.208/2026 of Mannarkkad Police Station, Palakkad District. The offence alleged is punishable under Section 112 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that during the period from 1.1.2024 to 4.3.2026, the applicant, with intention to deceive people and unlawfully earn money, committed financial fraud by using using various bank accounts and thereby committed the offence.

4. I have heard Sri. Arun Raj, the learned counsel for the applicant and Smt. Sreeja V., 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 5.3.2026. 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.

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