Kerala High Court
Nitheesh Krishna vs State Of Kerala on 25 April, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5653 OF 2025
CRIME NO.1708/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
JUDGMENT DATED 24.10.2024 IN BAIL APPL. NO.8046 OF 2024 OF HIGH
COURT OF KERALA
PETITIONER/SOLE ACCUSED:
NITHEESH KRISHNA
AGED 39 YEARS
S/O K K VASU, CELESTIAL PHOENIX, RAMANCHIRA, MUTHOOR P.O,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689107
BY ADVS.
APPU AJITH
K.T.SIDHIQ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER, THIRUVALLA POLICE STATION
PATHANAMTHITTA DISTRICT, PIN - 689645
OTHER PRESENT:
P.P. SRI. M.P. PRASANTH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA 5653/2025
-2-
2025:KER:33130
O R D E R
This Bail Application is filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita 2023 (for short 'BNSS').
2. The petitioner herein is the sole accused in Crime
No.1708/2024 of Thiruvalla Police Station, Pathanamthitta,
registered for the offence punishable under Section 420 IPC.
3. The prosecution allegation is that the accused,
with an intention to make unlawful gain to him and to make
unlawful loss to the defacto complainant, made to believe the
defacto complainant that he would arrange a job for the defacto
complainant in Singapore and obtained a total amount of
Rs.1,56,500/- from the defacto complainant. However, after
obtaining the said amount, the accused neither arranged a job nor
returned the amount received from the defacto complainant.
Moreover, the accused forged a fake visa. Hence, the accused is
alleged to have committed the offences mentioned above.
2025:KER:33130
4. Heard the learned counsel for the petitioner as
well as the learned Public Prosecutor.
5. The allegation that the petitioner grabbed an
amount of more than Rs.1 lakh, under the pretext that he would
arrange a job visa for the defacto complainant, cannot be viewed
lightly. It is alleged that apart from grabbing the amount, the
petitioner had created some forged documents. Of course, an in-
depth investigation is highly necessary in this case to unearth the
entire details involved in this case and to find out the modus
operandi of the petitioner. Anyhow, the petitioner was arrested in
this case on 01.04.2025 and since then he has been in custody. As
the investigation in this case has progressed substantially, further
incarceration of the petitioner will serve no purpose.
6. Hence, considering the days of detention already
undergone by the petitioner and the stage of investigation, I am
inclined to grant bail to him on the following conditions:
2025:KER:33130
1. Petitioner shall execute a bond for Rs.1,00,000/- (Rupees
One lakh only) with two solvent sureties each for the like
sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating
Officer on every Monday between 10 a.m. and 11 a.m. for a
period of three months or until the final report is filed,
whichever occurs first.
3. 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 any offence while on
bail.
6. If the petitioner violates any of the above conditions,
2025:KER:33130
the investigating officer is at liberty to file an appropriate
application for cancellation of bail before the jurisdictional
court and if such an application is filed the jurisdictional
court can pass appropriate orders irrespective of the fact that
this order is passed by this Court.
Sd/-
JOBIN SEBASTIAN
JUDGE
JS
2025:KER:33130
APPENDIX OF BAIL APPL. 5653/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR CRIME NUMBER 1708 OF
2024 OF THIRUVALLA POLICE STATION,
PATHANAMTHITTA DISTRICT DATED 11/11/2024
Annexure A2 A TRUE COPY OF THE JUDGEMENT IN BA
8064/2024 DATED 24TH DAY OF OCTOBER 2024
Annexure A3 A TRUE COPY OF THE JUDGEMENT IN BA
3457/2025 DATED 20TH DAY OF MARCH 2025
Annexure A4 A TRUE COPY OF THE ORDER IN CRL MP 3241/2025
DATED 11/04/2025
