[Cites 1, Cited by 0]
Kerala High Court
Nithin M.S vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:26726
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948
BAIL APPL. NO. 1618 OF 2026
CRIME NO.30/2026 OF PATANAKKAD POLICE STATION, ALAPPUZHA
AGAINST THE ORDER DATED 12.03.2026 IN BA NO.247 OF 2026 OF
DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
ALAPPUZHA
PETITIONER/ACCUSED NO.5:
NITHIN M.S,
AGED 30 YEARS
S/O MURALEEDHARAN, AMBADI HOUSE, KARIMBALOOR,
MEENAMBALAM, PUTHANKULAM P.O., KOLLAM,
PIN - 691302.
BY ADVS.
SRI.MANU HARSHAKUMAR
SHRI.RAPHAEL THEKKAN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
SMT. SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, ALONG WITH Bail Appl..1683/2026, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.. 1618 & 1683 of 2026
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2026:KER:26726
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948
BAIL APPL. NO. 1683 OF 2026
CRIME NO.30/2026 OF PATANAKKAD POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED:
MUHAMMAD RASAL
AGED 42 YEARS
S/O MUHAMMED ABDUL SALAM, CHELEMBRA VILLAGE,
CHELEMBRA P O, MALAPPURAM., PIN - 673634.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
SHRI.T.P.ARAVIND
SHRI.MAHESWAR PADICKAL
SMT.AKSHARA S.
SMT.NIVEDITA RAJEEV
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, ALONG WITH Bail Appl..1618/2026, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.. 1618 & 1683 of 2026
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2026:KER:26726
ORDER
[Bail Appl. Nos.1618/2026 & 1683/2026]
These applications are filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS)
seeking regular bail.
2. B.A. No.1618 of 2026 is filed by accused No.5
and B.A. No.1683 of 2026 is filed by accused No.4 in Crime
No.30/2026 of Pattanakkad Police Station, Alappuzha District. The
offences alleged are punishable under Sections 318(4) and 61(2)
r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short,
BNS) and Section 66D of the Information Technology Act, 2000.
3. The prosecution case, in short, is that the
accused persons, in furtherance of their common intention to
deceive the defacto complainant under the pretext of online
trading, accused Nos.1 to 3 created a WhatsApp group for the
purpose of purchasing shares through 'GTSS LLC APP'. The
accused No.1 delivered lectures through the WhatsApp group
regarding the online trading. Accused No.2 sent the content of the
said lectures in PDF form to the defacto complainant. Accused
No.3 gave directions to the defacto complainant to open trading
account. Thereafter, for and on behalf of accused Nos.1 to 3 and
B.A.Nos.. 1618 & 1683 of 2026
2026:KER:26726
the applicants herein, who are arraigned as accused Nos. 4 and 5
took the defacto complainant and other similar minded people to
Bangalore for the period from 06.01.2026 till 09.01.2026. On
09.01.2026 at about 3:00 pm, accused Nos.4 and 5 instigated the
defacto complainant to transfer money to the account of accused
No.4. Defacto complainant transferred Rs.15 lakhs accordingly. As
directed by the accused No.8, Rs.10 lakhs was transferred to the
account of the accused No.6. Thereafter, the amount was
withdrawn and shared between accused Nos.6 and 8. The accused
persons instigated the defacto complainant and his wife and
accordingly they transferred Rs.82 lakhs more from their account.
The accused persons misappropriated the money so obtained and
thus committed the offences.
4. I have heard Sri.S.Rajeev, and Sri.Manu
Harshakumar, the learned counsel for the applicants and Sri.M.C.
Ashi, and Smt.Sreeja V., the learned Senior Public Prosecutors.
Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely implicated
in the present case. The counsel further submitted that no
materials are on record to connect the applicants with the alleged
crime; hence, they are entitled to bail. On the other hand, the
B.A.Nos.. 1618 & 1683 of 2026
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learned Public Prosecutors submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicants, and they are not entitled to bail at this stage.
6. The applicants were remanded to judicial
custody on 08.02.2026. The investigation is almost over. The
applicants have no criminal antecedents. For these reasons, I do
not find any reason to hold that the continued detention of the
applicants is required for any purpose. Hence, the applicants are
entitled to be released on bail.
In the result, the applications are allowed on the following
conditions: -
(i) The applicants shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) each
with two solvent sureties for the like sum each to the satisfaction
of the jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the
investigation.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m every
Saturday until further orders. They shall also appear before the
investigating officer as and when required.
B.A.Nos.. 1618 & 1683 of 2026
2026:KER:26726
(iv) The applicants shall not commit any offence of a
like nature while on bail.
(v) The applicants 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 applicants 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
mea
B.A.Nos.. 1618 & 1683 of 2026
2026:KER:26726
APPENDIX OF BAIL APPL. NO. 1618 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR IN CRIME NO.
30/2026 OF PATTANAKKADU POLICE STATION
DATED 18.01.2026.
Annexure 2 TRUE COPY OF THE COMMON BAIL ORDER IN BA
NO.247/2026 DATED 12.03.2026 OF SESSIONS
JUDGE, ALAPPUZHA.
B.A.Nos.. 1618 & 1683 of 2026
2026:KER:26726
APPENDIX OF BAIL APPL. NO. 1683 OF 2026
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE ORDER DATED
