Kerala High Court
Shobha Sunil vs State Of Kerala on 17 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8565 OF 2025
1
2025:KER:52930
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
BAIL APPL. NO. 8565 OF 2025
CRIME NO.189/2025 OF KANNAMALI POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 07.07.2025 IN CRMC NO.1921
OF 2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, ERNAKULAM ARISING OUT OF THE ORDER/JUDGMENT DATED
11.06.2025 IN CMP NO.827 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,KOCHI
PETITIONER/ACCUSED:
SHOBHA SUNIL
AGED 36 YEARS
D/O STELLA, SUNITHA HOUSE,
MUNDANCHIRA, PUTHUKURICHY P.O
THIRUVANANTHAPURAM DISTRICT,
PIN - 695303
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SRI.BIBIN MATHEW
SRI.AMARNATH R LAL
SRI.P.M.MATHEW
SHRI.SANALDEV E.P.
SMT.VISHNUMAYA ANANDAN
SHRI.SONYMON ANTONY
SMT.SHIFANA M.
SHRI.ABHIJITH P.A.
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
BAIL APPL. NO. 8565 OF 2025
2
2025:KER:52930
2 STATION HOUSE OFFICER
KANNAMALY POLICE STATION,
ERNAKULAM DISTRICT,
PIN - 682008.
SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8565 OF 2025
3
2025:KER:52930
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8565 of 2025
...................................................
Dated this the 17th day of July, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in Crime No.189/2025 of Kannamaly Police Station, Ernakulam District; registered for the offences punishable under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, petitioner had collected an amount of Rs.1,19,000/- from the defacto complainant during the period 15.05.2025 to 21.05.2025 promising to secure employment for the son of the defacto complainant in a ship, and thereafter failed to provide such an employment or return the amount, and thereby committed the offences alleged. Petitioner was arrested on 04.06.2025 and she has been in custody since then.
4. The learned counsel for the petitioner submitted that the entire prosecution allegations are false and considering the period of detention already undergone, she ought to be released on bail.
5. The learned Public Prosecutor opposed the bail application and submitted that, the allegations are serious in nature, and therefore, petitioner ought BAIL APPL. NO. 8565 OF 2025 4 2025:KER:52930 not to be released on bail.
6. Petitioner is alleged to have cheated the defacto complainant of an amount of Rs.1,19,000/- by promising to provide employment for her and her son in a ship and thereafter failed to provide the employment or return the amount. Though the allegations are serious, considering the period of detention already undergone, I am of the view that further detention of the petitioner is not necessary. Even though the learned Public Prosecutor pointed out that petitioner is involved in four other crimes of a similar nature, those antecedents need not deter this Court from granting bail to the petitioner. Therefore, petitioner is required to be released on bail.
7. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.
(d) Petitioner shall not commit any similar offences while she is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, or for modification or deletion of any of the conditions, the jurisdictional Court shall be BAIL APPL. NO. 8565 OF 2025 5 2025:KER:52930 empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/17/07/2025 BAIL APPL. NO. 8565 OF 2025 6 2025:KER:52930 APPENDIX OF BAIL APPL. 8565/2025 PETITIONER ANNEXURES ANNEXURE -1 TRUE COPY OF THE FIR IN CRIME NO. 189/2025 OF KANNAMALY POLICE STATION ANNEXURE- 2 TRUE COPY OF THE BAIL ORDER DATED 11.06.2025 IN CMP NO. 827/2025 ON THE FILE OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOCHI ANNEXURE-3 TRUE COPY OF THE BAIL ORDER DATED 26.06.2025 IN CMP NO. 925/2025 ON THE FILE OF THE HONOURABLE JUDICIAL FIRST-CLASS MAGISTRATE COURT - I, KOCHI ANNEXURE- 4 TRUE COPY OF THE BAIL ORDER DATED 07.07.2025 CRL.MC NO. 1921/2025 ON THE FILE OF THE HONOURABLE DISTRICT AND SESSIONS COURT, ERNAKULAM