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2026 Supreme(Online)(Ker) 34573
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Sawad Raisin M A – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 2148 OF 2026
For the Appellants/Petitioners: P.A.Mujeeb
For the Respondents: Sreeja V.
Pre-arrest bail may be granted when there is no direct evidence beyond a co-accused's confession, no criminal antecedents, and where custodial interrogation is deemed unnecessary for the investigation.
Headnote:The petitioner sought pre-arrest bail under S.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding allegations of cheating under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000. It was alleged that the accused induced a victim to invest in the share market and misappropriated substantial funds. The court found that the prosecution's case against the petitioner relied primarily on the confession of a co-accused, with no direct evidence linking money to the petitioner's bank account. The core issue is whether custodial interrogation is warranted for an accused implicated solely via a co-accused's confession in the absence of direct evidence or criminal history. The court held that without material evidence connecting the petitioner to the alleged transaction and given the absence of criminal antecedents, custodial interrogation was unnecessary, justifying the grant of pre-arrest bail. In the result, the application is allowed subject to stipulated conditions requiring the petitioner to cooperate with the ongoing investigation and adhere to bail restrictions.
| Table of Content |
|---|
| 1. legal provision for filing the pre-arrest bail application. (Para 1) |
| 2. summary of the prosecution's allegations regarding cheating and share market fraud. (Para 2 , 3) |
| 3. summary of arguments presented by both the applicant and the prosecution. (Para 4 , 5) |
| 4. court's reasoning on the absence of evidence and necessity of custodial interrogation. (Para 6) |
ORDER
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicant is the accused No.2 in Crime No. 910/2024 of Chalakkudy Police Station, Thrissur District. The offences alleged are punishable under Sections 318(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2000.
3. The prosecution case, in short, is that in furtherance of their common intention, the applicant and other accused persons with an intention to cheat one Jinson, who is the cousin of the defacto complainant, induced the said Jinson to invest in share market for profit, by making him believe that he would get financial gain if he invests in the share market. By giving such a promise, the applicant received Rs.16,86,400/- from Jinson through bank transactions from 17/07/2024 till 26/07/2024, cheated him and thereby committed the aforesaid offences.
4. I have heard Sri. P.A Mujeeb, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
6. The applicant has been arrayed as an accused on the basis of the confession statement of the accused No.3. No amount was credited to the account of the applicant. The only allegation is that a sum of Rs.20,13,092/- was credited to the account of the accused No.3 and he withdrew Rs.18,67,000/- from the said account. Accused No.3 gave a confession statement stating that he had handed over the amount withdrawn from the bank account to the applicant. Apart from the said confession statement, there is absolutely nothing to connect the applicant with the alleged crime. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
(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 applicatio
