Full Judgment
BAIL APPL. NO. 4814 OF 2025 CRIME NO.98/2023 OF Koipuram Police Station, ANATHA KRISHNAN SREERAMA SADANAM,KURIYANOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP 04.04.2025, ALONG WITH Bail Appl..4845/2025, 4846/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4845 OF 2025 CRIME NO.106/2023 OF Koipuram Police Station, SREERAMA SADANANM,KURIYANOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4846 OF 2025 CRIME NO.102/2023 OF Koipuram Police Station, SREERAMA SADANAM , KURIYANOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4848 OF 2025 CRIME NO.105/2023 OF Koipuram Police Station, SREERAMA SDANAM KURIYANOOR,PATHANAMTHITTA, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4852 OF 2025 CRIME NO.111/2023 OF Koipuram Police Station, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 4855 OF 2025 CRIME NO.115/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4858 OF 2025 CRIME NO.132/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4860 OF 2025 CRIME NO.137/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4862 OF 2025 CRIME NO.138/2023 OF Koipuram Police Station, SREERAM SADANAM KURIYANNOOR, PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 4868 OF 2025 CRIME NO.139/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4872 OF 2025 CRIME NO.255/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 4876 OF 2025 CRIME NO.274/2023 OF Koipuram Police Station, ANANATHA KRISHNAN SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4887 OF 2025 CRIME NO.348/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4912 OF 2025 CRIME NO.379/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 4916 OF 2025 CRIME NO.402/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4918 OF 2025 CRIME NO.422/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4927 OF 2025 CRIME NO.444/2023 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4949 OF 2025 CRIME NO.1096/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4952 OF 2025 CRIME NO.1101/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 4955 OF 2025 CRIME NO.1102/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4974 OF 2025 CRIME NO.1100/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4976 OF 2025 CRIME NO.1088/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 4977 OF 2025 CRIME NO.1087/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4978 OF 2025 CRIME NO.1090/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4980 OF 2025 CRIME NO.1085/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 4983 OF 2025 CRIME NO.1086/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 4989 OF 2025 CRIME NO.1084/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5009 OF 2025 CRIME NO.977/2022 OF Koipuram Police Station,
ANANTHA KRISHNAN, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550
KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5014 OF 2025 CRIME NO.933/2022 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5015 OF 2025 CRIME NO.964/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031., PIN - 682031 2 STATE OF KERALA KERALA, PIN - 682031 SRI G SUDHEER, PP
BAIL APPL. NO. 5017 OF 2025 CRIME NO.897/2022 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5018 OF 2025 CRIME NO.967/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5022 OF 2025 CRIME NO.971/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550 KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5023 OF 2025 CRIME NO.1082/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5024 OF 2025 CRIME NO.972/2022 OF Koipuram Police Station, , S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP
04.04.2025, ALONG WITH Bail Appl..4814/2025 & C.CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5026 OF 2025 CRIME NO.1083/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5033 OF 2025 CRIME NO.981/2022 OF Koipuram Police Station, O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550 KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5034 OF 2025 CRIME NO.1081/2022 OF Koipuram Police Station, ANANTHAKRISHNAN S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5036 OF 2025 CRIME NO.941/2022 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5038 OF 2025 CRIME NO.975/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5039 OF 2025 CRIME NO.976/2022 OF Koipuram Police Station, , S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5043 OF 2025 CRIME NO.960/2022 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5047 OF 2025 CRIME NO.982/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,PIN-689550, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5049 OF 2025 CRIME NO.963/2022 OF Koipuram Police Station, SREERAMA SADANAM KURIYANNOOR, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5050 OF 2025 CRIME NO.965/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5073 OF 2025 CRIME NO.995/2022 OF Koipuram Police Station, , S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT,, PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5074 OF 2025 CRIME NO.998/2022 OF Koipuram Police Station, , S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5075 OF 2025 CRIME NO.1002/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT., PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5076 OF 2025 CRIME NO.1001/2022 OF Koipuram Police Station, ANANTHA KRISHNAN, , S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5077 OF 2025 CRIME NO.991/2022 OF Koipuram Police Station, ANANTHA KRISHNAN, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5081 OF 2025 CRIME NO.987/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5082 OF 2025 CRIME NO.984/2022 OF Koipuram Police Station, ANANTHA KRISHNAN, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5085 OF 2025 CRIME NO.1009/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5090 OF 2025 CRIME NO.1014/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5101 OF 2025 CRIME NO.1008/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 OTHER PRESENT: SRI.HRITHWIK.C.S., SR.PP BAIL APPL. NO. 5109 OF 2025 CRIME NO.1010/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5117 OF 2025 CRIME NO.1011/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5120 OF 2025 CRIME NO.986/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT, PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5126 OF 2025 CRIME NO.999/2022 OF Koipuram Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA, PIN - 689550 KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5138 OF 2025 CRIME NO.58/2023 OF Karukachal Police Station, Kottayam S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT., PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5140 OF 2025 CRIME NO.1215/2022 OF Museum Police Station, Thiruvananthapuram S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT., PIN - KERALA, PIN - 682031 SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5142 OF 2025 CRIME NO.1202/2022 OF Museum Police Station, Thiruvananthapuram S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT., PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP BAIL APPL. NO. 5144 OF 2025 CRIME NO.851/2022 OF Pulikeezhu Police Station, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT., PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP BAIL APPL. NO. 5149 OF 2025 CRIME NO.100/2023 OF ELAVUMTHITTA POLICE STATION, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT., PIN - KERALA, PIN - 682031 SRI G SUDHEER, PP SRI HRITHWIK CS, SR PP SRI NOUSHAD KA, SR PP BAIL APPL. NO. 5152 OF 2025 CRIME NO.99/2023 OF ELAVUMTHITTA POLICE STATION, S/O ANILKUMAR, SREERAMA SADANAM, KURIYANNOOR,PATHANAMTHITTA DISTRICT., PIN - KERALA, PIN - 682031 SRI HRITHWIK CS, SR PP
P.V.KUNHIKRISHNAN, J.
-------------------------------- B.A.Nos. 4814, 4845, 4846, 4848, 4852, 4855, 4858,
4860, 4862, 4868, 4872, 4876, 4887, 4912, 4916, 4918, 4927, 4949, 4952, 4955, 4974, 4976, 4977, 4978, 4980, 4983, 4989, 5009, 5014, 5015, 5017, 5018, 5022, 5023, 5024, 5026, 5033, 5034, 5036, 5038, 5039, 5043, 5047, 5049, 5050, 5073, 5074, 5075, 5076, 5077, 5081, 5082, 5085, 5090, 5101, 5109, 5117, 5120, 5126, 5138, 5140,
5142, 5144, 5149 & 5152 of 2025 ---------------------------------------------- Dated this the 04th day of April, 2025
ORDER
These Bail Applications filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita are connected and therefore, I am disposing of these cases by a common order.
2. Petitioner in these cases are one and the same person. He is an accused in different crimes registered in
Karukachal, Koipuram, Pulikeezhu, Elavumthitta and Thiruvananthapuram Museum Police Stations. The above cases are now investigated by the Crime Branch Police. The above cases are registered against the petitioner alleging offences punishable under Sections 406 and 420 r/w 34 of IPC, Section 3 of the Banning of Unregulated Deposit Schemes Act, 2019 (for short ‘BUDS Act’) and also under Section 5 of the Kerala
Protection of Interests of Depositors in Financial Establishments Act, 2013.
3. The prosecution case is that the petitioner and the
other accused cheated the defacto complainant’s in these cases by collecting huge amounts from them as deposits. It is alleged that neither the deposited amount nor the interest is not returned. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that, the
allegation against the petitioner is not correct. It is submitted that the petitioner is the son of the Managing Director of the Company. He is settled in Singapore and he is not attending the day-to-day affairs of the Company. It is submitted that the petitioner went abroad in 2019. He has no connection with the Company. His father added him as a Director. Different contentions are raised by the petitioner stating that it is not an unregulated deposit scheme. The counsel also submitted that the petitioner is ready to abide any conditions imposed by this
Court, if this Court grants him bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner is now not in India. But the counsel for the petitioner submitted that the petitioner is coming back to India on 15.04.2025 and the travel document is also produced.
6. This Court considered the contentions of the
petitioner and the Public Prosecutor. It is true that the allegation against the petitioner and other accused are serious. But, the petitioner is only one of the Directors of the Company. The Managing Director is the father of the petitioner. He was
already arrested and released on bail. Considering the facts
and circumstances of the case, I think, the petitioner can be directed to appear before the Investigating Officer and after interrogation if arrest is recorded, there can be a direction to release the petitioner on bail.
7. Moreover, it is a well accepted principle that the bail
is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement [2019 (16) SCALE 870], after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.
8. Recently the Apex Court in Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353] considered the point in detail. The relevant paragraph of the above
judgment is extracted hereunder:
“12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR
1994 SC 1349: 1994 Cri LJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.”
9. In Manish Sisodia v. Central Bureau of
Investigation [2023 KHC 6961], the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case.
10. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, I think bail can be granted after imposing stringent conditions. Therefore, these Bail Applications are allowed with the following directions:
1. The petitioner shall appear before the Investigating Officer within four weeks from today and shall undergo interrogation.
2. After interrogation, if the Investigating
Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.
3. The petitioner shall appear before the
Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police
officer.
4. Petitioner shall not leave India without permission of the jurisdictional Court.
5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. The observations and findings in this
order is only for the purpose of deciding
this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also.
7. Needless to mention, it would be well
within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].
8. If any of the above conditions are violated
by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. sd/- P.V.KUNHIKRISHNAN JV JUDGE