Kerala High Court
Karthika Pradeep vs The Station House Officer on 2 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8074 OF 2025
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2025:KER:48078
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
BAIL APPL. NO. 8074 OF 2025
CRIME NO.499/2025 OF BALUSSERY POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 13.06.2025 IN CMP NO.2408 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA
PETITIONER/ACCUSED :
KARTHIKA PRADEEP, AGED 25 YEARS
D/O PRADEEP CT, LEKSHMI NILAYAM,
KANNOMCODE, ADOOR, ADUR (KLA),
ADOOR, PATHANAMTHITTA, PIN - 691 523.
BY ADVS.
SMT.IPSITA OJAL
SHRI.MANAS P HAMEED
SHRI.ANIL KUMAR K.P.
RESPONDENT/STATE :
1 THE STATION HOUSE OFFICER
BALUSSERY POLICE STATION,
H 34 KOYILANDY - THAMARASSERY ROAD,
BALUSSERY, KOZHIKODE, KERALA, PIN - 673 612.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8074 OF 2025
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BECHU KURIAN THOMAS, J.
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B.A. No.8074 of 2025
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Dated this the 2nd 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 accused in Crime No.499/2025 of Balussery Police Station, Kozhikode District, alleging offences punishable under Sections 316(2), and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, the accused is conducting an establishment by name "Take Off Overseas Educational Consultancy, Ernakulam" and collected an amount of Rs.9,00,000/- from the defacto complainant by promising to provide a family visa to her in UK and thereafter failed to arrange the visa or return the amount, and thereby committed the offences alleged.
4. I have heard Smt.Ipsita Ojal, the learned counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.
5. 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. BAIL APPL. NO. 8074 OF 2025 3 2025:KER:48078
6. The learned Public Prosecutor opposed the bail application and submitted that, the allegations are serious in nature, and therefore, petitioner ought not to be released on bail. It was further submitted that, petitioner is involved in 13 other crimes.
7. On a perusal of the statement of the defacto complainant, it was noticed that the amount of Rs.9,00,000/- was transferred in different instalments commencing from 18.03.2025 to the accused with the promise that a family visa could be obtained within two months. However, on a perusal of the FIR, it is noticed that on 05.05.2025 itself the FIR has been lodged alleging that the petitioner had failed to provide the employment or to return the amount. Though the petitioner was taken into custody in relation to other crimes on 02.05.2025, her arrest in the present crime was recorded on 11.06.2025.
8. I am prima facie satisfied that even before the time agreed between the parties had expired, the FIR has been registered the defacto complainant went ahead and filed the complaint. Though the offences alleged against the petitioner are serious in nature, considering the period of detention already undergone, I am of the view that the continued detention is not warranted. Though the learned Public Prosecutor submitted that the petitioner is involved in 13 other crimes, I am of the view that the said antecedents need not deter this Court from granting bail to the petitioner in the present case.
9. In the result, this application is allowed on the following conditions:-
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(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.
10. 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 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/02/07/2025 BAIL APPL. NO. 8074 OF 2025 5 2025:KER:48078 APPENDIX OF BAIL APPL. 8074/2025 PETITIONER ANNEXURES ANNEXURE-I THE TRUE COPY OF THE FIR NO. 499/2025 DATED 05-05-2025 REGISTERED AT THE BALUSSERY POLICE STATION.
ANNEXURE-2 THE TRUE COPY OF THE ORDER DATED 13-06-2025 BEFORE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, PERAMBRA BY FILING CMP NO.
2408 OF 2025