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CDJ 2026 Ker HC 061
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| Court : High Court of Kerala |
| Case No : Bail Appl. Nos. 42, 43, 44, 45, 46, 47 & 48 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH |
| Parties : Ajeshkumar Versus State Of Kerala Represented By Sho, Neyyattinkara Police Station, Thiruvananthapuram Through Public Prosecutor, High Court Of Kerala., |
| Appearing Advocates : For the Petitioner: Akhil Suseendran, H. Afsal Khan, Advocates. For The Respondent: M.C. Ashi-Sr.PP, U. Jayakrishnan-PP, M.K. Pushpalatha-Sr.PP. |
| Date of Judgment : 13-01-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -
Comparative Citation:
2026 KER 2149, |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 112(2) of Bharatiya Nyaya Sanhita, 2023
2. Catch Words:
- Bail
- Regular bail
- Statutory bail
- Bond
- Sureties
- Investigation
- Conditions of bail
3. Summary:
The court considered seven interconnected bail applications filed under Section 483 of the BNSS for the same applicant, who is accused in multiple crimes under Section 112(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged the applicant participated in a cheating gang, while the defence claimed innocence and lack of evidentiary linkage. The applicant had been in judicial custody since 02‑11‑2025, and the investigation was nearly complete. Given that the maximum punishment is seven years and the statutory period for bail had elapsed, the court found no justification for continued detention. Consequently, the bail applications were granted subject to a bond of Rs 1,00,000 with two sureties and several conditions, including cooperation with the investigation and restrictions on movement and witness contact.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. These seven bail applications are connected and hence they are disposed of by a common order. They are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.
2. The applicant in all the bail applications is one and the same. B.A.No.42 of 2026 pertains to Crime No. 2239 of 2025, B.A.No.43 of 2026 pertainsto Crime No. 2236 of 2025, B.A.No. 44 of 2026 pertains to Crime No. 2232 of 2025, B.A.No. 45 of 2026 pertains to Crime No. 2231 of 2025, B.A.No. 46 of 2026 pertains to Crime No. 2229 of 2025, B.A.No. 47 of 2026 pertains to Crime No. 2228 of 2025 and B.A.No. 48 of 2026 pertains to Crime No. 2225 of 2025 of Neyyattinkara Police Station, Thiruvananthapuram District. The applicant is accused No.1 in Crime No.2236 of 2025 and accused No.2 in all the remaining crimes.
3. The offence alleged in all the crimes is punishable under Section 112(2) of Bharatiya Nyaya Sanhita, 2023.
4. The prosecution allegation is as follows:- The applicant and the remaining accused are the members of the gang engaged in cheating the general public by deceitful means. They with a common intention to have unlawful enrichment by way of cheating, using the bank account of accused No.3, transferred money by illegal means from the bank account of the victims and thereafter transferred a portion of the amount to the account of the applicant and the other accused and thereby committed the offence.
5. I have heard the learned counsel for the applicant and the learned Public Prosecutors. Perused the case diary.
6. 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 Prosecutors 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.
7. The applicant was remanded to judicial custody on 02.11.2025. The investigation is almost over. The maximum punishment provided for the offence alleged against the applicant is seven years. Since the first arrest of the applicant was on 02.11.2025, in fact, the applicant is entitled for statutory bail. 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 applications are 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) each in each case 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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