| |
CDJ 2026 Ker HC 087
|
| Court : High Court of Kerala |
| Case No : BAIL APPL. Nos. 128, 129 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH |
| Parties : Johan Georgie James Versus State Of Kerala, Represented By Station House Officer Chengannur Police Station, Alappuzha Through Public Prosecutor, High Court Of Kerala, Ernakulam, |
| Appearing Advocates : For the Petitioner: Naveen Thomas, Advocate. For the Respondent: U. Jayakrishnan, (PP), M.K. Pushpalatha (Sr.Pp). |
| Date of Judgment : 19-01-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -
Comparative Citation:
2026 KER 4210, |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS)
2. Catch Words:
- Bail
- Bond
- Sureties
- Investigation cooperation
- Witness tampering
3. Summary:
The Court considered two connected bail applications filed under Section 483 of the BNSS for the same applicant, who faced charges under Section 318(4) read with Section 3(5) of the BNS for alleged cheating. The prosecution alleged intentional fraud, while the defence claimed innocence and lack of evidential linkage. The Chief Judicial Magistrate, Ernakulam, had earlier observed no prima facie evidence of dishonest inducement or lack of RBI licence. Relying on these observations and the completed investigation, the Court found no justification for continued detention. Consequently, both bail applications were granted subject to a bond of Rs.1,00,000 with two sureties, cooperation with investigation, regular appearances before the investigating officer, and several conduct restrictions.
4. Conclusion:
Petition Allowed |
| Judgment :- |
|
1. These two 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. 128 of 2026 pertains to Crime No. 984 of 2025 and B.A.No.129 of 2026 pertains to Crime No. 1389 of 2025 of Chengannur Police Station, Alappuzha District.
3. The offence alleged in both cases is punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS').
4. The prosecution case in both cases is that the applicant being the Managing Director of Nedumparambil Nidhi Limited induced the defacto complainants therein to deposit amounts promising interest and thereafter cheated them without giving interest as promised or returning the amount invested and thereby committed the offences.
5. I have heard Sri.Naveen Thomas, the learned counsel for the applicant and Sri.U.Jayakrishnan and Smt.M.K.Pushpalatha, 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 formally arrested in Crime Nos.984 of 2025 & 1389 of 2025 on 01.12.2025. The investigation is almost over. In a connected crime (Crime No.889 of 2025) while dismissing the bail application moved by the applicant, the Chief Judicial Magistrate Court, Ernakulam has observed that there is no allegation that the applicant has dishonestly induced the defacto complainant's husband to invest the money in the company and there is also no allegation that the company does not have license from Reserve Bank of India to collect deposits from public. It was further found that the remand report does not prima-facie suggest that the applicant had intention to cheat the defacto complainant from the very inception. 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.
|
| |