Kerala High Court
Irfan Habeeb vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 1658 of 2026
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2026:KER:26768
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. 1658 OF 2026
CRIME NO.285/2026 OF IRINJALAKUDA POLICE STATION, THRISSUR
PETITIONERS/ACCUSED NOS.2 AND 3:
1 IRFAN HABEEB
AGED 27 YEARS, S/O.SIDHIQ,
MAYAKARAN HOUSE,
KARAPPADANNA DESOM,
THEKKUMKARA VILLAGE,
THRISSUR DISTRICT., PIN - 680670
2 ADARSH
AGED 26 YEARS, S/O.VINOD,
PALLAYIL HOUSE,
EDAVILANGU DESOM,
EDAVILANGU VILLAGE,
THRISSUR DISTRICT., PIN - 680671
BY ADV SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI., PIN - 682031
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 1658 of 2026
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2026:KER:26768
ORDER
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking regular bail.
2. The applicants are the accused Nos.2 and 3 in Crime No.285/2026 of Irinjalakuda Police Station, Thrissur District. The offence alleged is punishable under Section 112(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that upon receiving the information that the accused, in furtherance of their common intention to acquire illicit money, were swindling money from the bank accounts of others with the aid of online methods, a search was conducted at their houses and 28 ATM cards, 6 cheque books, 7 passbooks, a machine to count notes and Rs.35,100/- were seized from their house. There are several complaints against the accused No.1 that he had swindled an amount of Rs.45,96,796/- by way of committing cyber crimes.
B.A.No. 1658 of 2026
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4. I have heard Sri.Nireesh Mathew, the learned counsel for the applicants and Smt.V.Sreeja, the learned Senior Public Prosecutor. 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 learned Public Prosecutor 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 09.03.2026. 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. B.A.No. 1658 of 2026
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2026:KER:26768 In the result, the application is 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.
(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 B.A.No. 1658 of 2026 ..5..
2026:KER:26768 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.
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DR. KAUSER EDAPPAGATH, JUDGE APA B.A.No. 1658 of 2026 ..6..
2026:KER:26768 APPENDIX OF BAIL APPL. NO. 1658 OF 2026 PETITIONER ANNEXURES ANNEXURE 1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.285/2026 OF IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT DATED 05.03.2026 ANNEXURE 2 TRUE PHOTOCOPY OF THE ORDER DATED 16.03.2026 IN CRL.MP.NO.5/2026 PASSED BY THE JUDL. FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA