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CDJ 2026 Ker HC 537 print Preview print print
Court : High Court of Kerala
Case No : Bail Appl. No. 1971 of 2026
Judges: THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Parties : P.N. Febina Versus State Of Kerala, Represented By Public Proseccutor , High Court Of Kerala
Appearing Advocates : For the Petitioner: Vishnu Chandran, K.B. Muhammed Niyas, Amala Purushothaman, Advocates.
Date of Judgment : 08-04-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -

Comparative Citation:
2026 KER 31412,
Judgment :-

1. 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 sole accused in Crime No.533/2025 of Elamakkara Police Station, Ernakulam District. The offences alleged are punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 24.4.2025 at 1.30 pm, the applicant pledged two rolled gold chains having a total weight of 43.13 grams as genuine gold chains at the KLM Axiva Finvest Ltd, received ₹2,65,000/- and thereby committed the offences.

4. I have heard Sri. Vishnu Chandran, 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, she 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 she is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 23.2.2026. The investigation is almost over. The recovery has been effected. 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. She 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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