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2026 Supreme(Online)(Ker) 48117

IN THE HIGH COURT OF KERALA AT ERNAKULAM


CNR : KLHC010505022026

2026/KER/56569

2026:KER:56569


BAIL APPL. NO. 3772 OF 2026

CRIME NO.463/2026 OF KONGAD POLICE STATION, PALAKKAD


PETITIONERS/ACCUSED NOS.1 AND 2:

1 ABHILASH P.M

AGED 28 YEARS

S/O.MURALIDHARAN, PLACHIKKAD HOUSE, AMBALAVATTAM,

EZHAKKAD P.O, MUNDUR, PALAKKAD., PIN – 678600.

2 ANOOP M.R

AGED 34 YEARS

S/O.RADHAKRISHNAN, MANALIPOTTA HOUSE, VELIKKAD

P.O, MUNDUR, PALAKKAD., PIN – 678592.


BY ADV SRI.NIREESH MATHEW

RESPONDENT / COMPLAINANT-STAT E :

STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT

OF KERALA, ERNAKULAM, KOCHI., PIN – 682031.

SRI.THOMAS SABU VADAKEKUT, PP


THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH


TUESDAY, THE 28TH DAY OF JULY 2026 / 6TH SRAVANA, 1948

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking regular bail.

The applicants are the accused Nos.1 and 2 in Crime No.463/2026 of Kongad Police Station, Palakkad District. The offence alleged is punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that on 27.06.2026 at Bangalore, the applicants with intention to cheat the defacto complainant, published false advertisement through social media platforms, such as Facebook and Instagram, offering free visas for employment in New Zealand and they instructed him to undergo a medical examination. They collected a sum of Rs.13,000/- from the defacto complainant and Rs.13,000/- each from his nine friends and others towards medical examination and visa process. Thereafter, they neither arranged the employment nor provided visas for New Zealand and thereby committed the above offence.

I have heard Sri.Nireesh Mathew, the learned counsel for the applicants and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

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 Public Prosecutor 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.

The applicants were remanded to judicial custody on 02.07.2026. The investigation is almost over. 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 application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating ofÏcer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating ofÏcer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants 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 applicants 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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