Citation : 2026 Latest Caselaw 2525 Ker
Judgement Date : 1 April, 2026
2026:KER:29453
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 1ST DAY OF APRIL 2026/11TH CHAITHRA, 1948
BAIL APPL. NO. 1863 OF 2026
CRIME NO.283/2026 OF ALATHUR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 25.03.2026 IN BA NO.281 OF 2026
OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE
AUTHORITY, PALAKKAD
PETITIONER/ACCUSED NO.1:
ABDUL RASHEED
AGED 40 YEARS, S/O. ABDULKHADER,
POOKKATTIL HOUSE, MANKADA VIA, KOOTIL P.O.,
MALAPPURAM, PIN - 679324
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1863 OF 2026
2
2026:KER:29453
ORDER
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 accused No.1 in
Crime No.283/2026 of Alathur Police Station, Palakkad
District. The offences alleged are punishable under
Sections 318(4) and 112(2) of the Bharatiya Nyaya
Sanhita, 2023 and Section 66D of the Information
Technology Act, 2000.
3. The prosecution case, in short, is that the
accused Nos. 1 and 2, acting in concert as part of an
organized group, utilized modern Cyber online systems and
electronic devices during the period from 13.11.2025 to
16.11.2025 and dishonestly induced several persons to
transfer money through various electronic modes of
transaction. It is alleged that an amount of Rs.49,79,981/-
(Rupees forty nine lakhs seventy nine thousand nine
hundred and eighty one only) was fraudulently obtained
from different persons and credited into Account No. BAIL APPL. NO. 1863 OF 2026
2026:KER:29453
17640200002263 maintained in the name of the applicant/
accused No. 1 in the Federal Bank. It is
further alleged that the accused, along with another
associate named Anugrah, withdrew the said amount from
the account and thereby committed cheating and criminal
breach of trust through online Cyber fraud. Thus, the
applicant has committed the above mentioned offences.
4. I have heard Sri. V.A.Johnson
(Varikkappallil), the learned counsel for the applicant and
Sri. M.C.Ashi, 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, he is entitled to
bail. On the other hand, the learned Senior Public
Prosecutor 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. BAIL APPL. NO. 1863 OF 2026
2026:KER:29453
6. The applicant was remanded to judicial
custody on 05.03.2026. The investigation is almost over.
The recovery has been effected. No criminal antecedents
has been reported against the applicant. 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. He shall also appear
before the investigating officer as and when required.
(iv) The applicant shall not commit any BAIL APPL. NO. 1863 OF 2026
2026:KER:29453
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.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE ARK BAIL APPL. NO. 1863 OF 2026
2026:KER:29453
APPENDIX OF BAIL APPL. NO. 1863 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIR.NO.283/2026 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT DATED 05.03.2026
ANNEXURE 2 TRUE COPY OF THE MUTUAL TRADE AGREEMENT DATED 06.11.2025
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 25.03.2026 IN B.A.NO.281/2026 OF THE COURT OF SESSION, PALAKKAD DIVISION
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