Kerala High Court
Hassan Basari K.N vs State Of Kerala on 10 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:21595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 10TH DAY OF MARCH 2026 / 19TH PHALGUNA, 1947
BAIL APPL. NO. 14847 OF 2025
CRIME NO.1367/2025 OF KANJIRAPPALLY POLICE STATION, KOTTAYAM
AGAINST THE ORDER DATED 20.12.2025 IN CRMC NO.1591 OF 2025
OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, KOTTAYAM
PETITIONER/ACCUSED:
HASSAN BASARI K.N
AGED 26 YEARS
S/O NAINAR MUHAMMED, KURUPPUKANDATHIL HOUSE,
PONJASSERY P.O, THANDEKKAD,ERNAKULAM DISTRICT,
PIN - 683547.
BY ADV SRI.AJEESH M UMMER
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO.14847 OF 2025 2
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ORDER
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicant is the accused in Crime No.1367/2025 of Kanjirapally Police Station, Kottayam District. The offences alleged are punishable under Sections 112 and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that in furtherance of the applicant's fraudulent and dishonest intention to commit online fraud by clandestinely using his bank account, the applicant became a member of an organized crime network indulging in financial fraud and during the period from 19.08.2025 to 30.10.2025, facilitated the siphoning of ₹49,000/- into his account from the amount obtained through online fraud from the victim, who had lodged complaint No.31608250104632 on the NCRP portal. Thereafter, he withdrew the entire amount using his ATM card. The bank account utilized by the applicant for carrying out the online fraud is Account No.53250001994291. The Inspector of Police received information that the said bank account of the applicant was being used for financial and online B.A.NO.14847 OF 2025 3 2026:KER:21595 fraud and a complaint in this regard had been registered on the NCRP portal as Complaint No.31608250104632. Thus, the applicant committed the above offences.
4. I have heard Sri.Ajeesh M. Ummer, the learned counsel for the applicant and Sri.K.A. Noushad, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
6. The case records would show that no amount involved in the crime has been credited to the bank account of the applicant. It appears that the applicant has been arrayed as an accused solely based on the confession statement made by one of the accused. In the absence of any material directly connecting the applicant with the crime, I am of the view that he is entitled to pre-arrest bail. However, the learned Senior Public Prosecutor submitted that the interrogation of the applicant is necessary for B.A.NO.14847 OF 2025 4 2026:KER:21595 the purpose of investigation. In Sushila Aggarwal (supra), it was held by the Supreme Court that "limited custody" or "deemed custody" would be sufficient in appropriate cases to facilitate the requirements of the investigating authority, including for fulfilling the provisions of Section 27 of the Evidence Act. Therefore, the applicant can be directed to appear before the investigating officer for the purpose of interrogation. The prosecution has not been able to convince this court that custodial interrogation is necessary for any other purpose.
7. On consideration of the above-mentioned circumstances, I am of the view that the applicant ought to be given the benefit of pre-arrest bail, subject to the condition of limited custody to the investigating officer as contemplated in the decision of the Supreme Court in Sushila Aggarwal (supra).
Accordingly, the bail application is allowed on the following conditions:
(i) The applicant shall appear before the investigating officer on 16/3/2026 and 17/03/2026 at 10:00 a.m. for interrogation.
(ii) The applicant can be interrogated on those days from 10.00 a.m to 4.00 p.m. if required, after giving adequate intervals.B.A.NO.14847 OF 2025 5
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(iii) The applicant shall be deemed to be under custody during the aforesaid period for facilitating the requirements of investigation.
(iv) If the investigating officer intends to arrest the applicant, then he shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum each before the investigating officer.
(v) The applicant shall fully cooperate with the investigation.
(vi) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Second Saturday until further orders. He shall also appear before the investigating officer as and when required.
(vii) The applicant shall not commit any offence of a like nature while on bail.
(viii) 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.
(ix) The applicant shall not leave the State of Kerala without the permission of the trial Court. B.A.NO.14847 OF 2025 6
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(x) The applicant shall surrender his passport, if any, before the investigating officer.
(xi) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional trial court.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE mea B.A.NO.14847 OF 2025 7 2026:KER:21595 APPENDIX OF BAIL APPL. NO. 14847 OF 2025 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO.
1367/2025 OF KANJIRAPALLY POLICE STATION DATED 30.10.2025 Annexure 2 A COPY OF THE ORDER IN CRL MC 1591/2025 DATED 20.12.2025 OF COURT OF SESSION, KOTTAYAM