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. 5654 OF 2025
CRIME NO.1554/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
JUDGMENT DATED 24.10.2024 IN BAIL APPL. NO.8046 OF 2024 OF HIGH
COURT OF KERALA
PETITIONER:
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 STAION, PATHANAMTHITTA DISTRICT,
PIN - 689645
OTHER PRESENT:
P.P. SRI. G. SUDHEER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA 5654/2025
-2-
2025:KER:33118
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.1554/2024 of Thiruvalla Police Station,
Pathanamthitta, registered for the offences punishable under
Sections 420 and 468 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 and her friend that he would arrange job
for the defacto complainant and her friend in Singapore and
obtained a total amount of Rs.3,68,000/- from them. However,
after obtaining the said amount, the accused neither arranged a
job nor returned the amount received from the defacto
complainant and her friend. Moreover, the accused forged a
fake visa. Hence, the accused is alleged to have committed the
2025:KER:33118
offences mentioned above.
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.3 lakhs, under the pretext that he
would arrange job visa for the defacto complainant and her
friend 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
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investigation, I am inclined to grant bail to the petitioner on the
following conditions:
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
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bail.
6. If the petitioner violates any of the above
conditions, 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:33118
APPENDIX OF BAIL APPL. 5654/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR CRIME NUMBER 1554
OF 2024 OF THIRUVALLA POLICE STATION,
PATHANAMTHITTA DISTRICT DATED 12/10/2024
Annexure A2 A TRUE COPY OF THE JUDGEMENT IN BA
8046/2024 DATED 24TH DAY OF OCTOBER 2024
Annexure A3 A TRUE COPY OF THE JUDGEMENT IN BA
3455/2025 DATED 20TH DAY OF MARCH 2025
AnnexureA 4 A TRUE COPY OF THE ORDER IN CRL MP
3281/2025 DATED 11/04/2025
