SHIHAB K. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 Ss. 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 Ss. 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 5/4/2025 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.