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2025 DIGILAW 1132 (KER)

Shihab K. S. , S/o. Abdul Nasar v. State of Kerala, Represented By Public Prosecutor, High Court of Kerala

2025-05-02

GOPINATH P.

body2025
ORDER : (GOPINATH P., J.) The petitioners in B.A. No.5894/2025 are accused Nos.4 and 5 in Crime No.274/2025 of Mavelikkara Police Station, Alappuzha District alleging commission of offences under Sections 318 (4), 3 (5) of Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and 66 D of Information Technology Act, 2000 (I.T. Act), while petitioners in B.A. No.5898/2025 are accused Nos.6 and 7 in the same crime. 2. The allegation against the petitioners is that they have assisted the other accused in the case to collect huge amounts of money from the de facto complainant on the promise that the de facto complainant would be allotted shares in a company. It is alleged that the accused conspired to induce the de facto complainant to part with money with intention of cheating him and thereby the accused committed offence under Sections 318 (4), 3 (5) of B.N.S, 2023 and 66 D of I.T Act, 2000 3. The learned counsel for the petitioners would submits that the only allegation against accused Nos. 4 and 5 is that they had introduced accused Nos.6 and 7 to the other accused in the case. It is submitted that accounts of accused Nos.6 and 7 had been used to receive money from the de facto complainant. It is submitted that there is no allegation that accused Nos.4 and 5 gained any benefits out of the transactions. It is submitted that accused Nos.6 and 7 allowed their accounts to be used to receive money only believing the representation of the other accused that the accounts of the main accused had crossed limit and therefore the money had to be transferred to accounts of accused Nos.6 and 7. It is submitted that the petitioners have been in custody from 05-04-2025 and further detention of the petitioners is not necessary in the facts and circumstances of the case. It is also submitted that the main allegations are against accused Nos.1 to 3 in the case and not against the petitioners. It is submitted that the petitioners will fully co-operate with the investigation and therefore they may be directed to be released on bail subject to strict conditions. 4. The learned Public Prosecutor opposes the grant of bail. He submits that he is yet to receive instructions in B.A. No.5898/2025. It is submitted that the petitioners will fully co-operate with the investigation and therefore they may be directed to be released on bail subject to strict conditions. 4. The learned Public Prosecutor opposes the grant of bail. He submits that he is yet to receive instructions in B.A. No.5898/2025. However, he submits that as per the instructions received in respect of B.A. No.5894/2025, the allegations against the petitioners in these cases are as noticed above. It is submitted that the submission of the learned counsel for the petitioners that accused Nos.4 and 5 had not received any financial benefits also appears to be incorrect as the investigation has revealed that accused Nos 4 and 5 had received benefits in cash as well as through account transfer on account of the fraudulent transactions. It is however submitted that no criminal antecedents are reported against any of the petitioners. 5. Having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the opinion that the petitioners can be granted bail subject to conditions. The petitioners have been in custody nearly 27 days. The allegations against them are as noticed above. There are no criminal antecedents reported against any of the petitioners. Further detention does not appear to be necessary for the purpose of proper investigation into crime registered against them. Therefore these bail applications are allowed. The petitioners shall be released on bail, subject to the following conditions:- (i) The petitioners shall execute separate bonds for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court; (ii) The Petitioners shall appear before the Investigating officer in Crime No.274/2025 of Mavelikkara Police Station, Alappuzha on every Saturday at 11 a.m until further orders; (iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.274/2025 of Mavelikkara Police Station, Alappuzha; (iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.274/2025 of Mavelikkara Police Station, Alappuzha may file an application before the jurisdictional Court for cancellation of bail.