Kerala High Court
Saritha Rejikumar vs State Of Kerala on 5 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.8108 of 2025 1
2025:KER:58520
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 8108 OF 2025
CRIME NO.867/2024 OF Thadiyittaparamba Police Station,
Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 21.06.2025 IN CRMC NO.1669
OF 2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
VII/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM / III
ADDITIONAL MACT, ERNAKULAM
PETITIONER/ACCUSED NO.2:
SARITHA REJIKUMAR, AGED 51 YEARS,
W/O. REJIKUMAR, MELVEETTIL HOUSE, JAWAHAR ROAD,
GANDHI NAGAR, PALISSERY P.O, TRIKKUR, THRISSUR,
KERALA, PIN - 680306
BY ADVS.
SRI.RAMEEZ NOOH
SMT.FATHIMA K.
SHRI.DANIC ANTONY
SHRI.AMIN ALI ASHRAF
SMT.SHAFNA SINU
B.A.No.8108 of 2025 2
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RESPONDENT/STATE:
STATE OF KERALA
THROUGH SHO THADIYATTAPARAMBA POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8108 of 2025 3
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.8108 of 2025
...................................................
Dated this the 5th day of August, 2025
ORDER
This bail application is filed under section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.867 of
2024 of Thadiyattaparamba Police Station, Ernakulam, registered
for the offences punishable under Sections 406 and 420 r/w
Section 34 of the Indian Penal Code, 1860.
3. According to the prosecution, the accused had collected
a large amount of money from various persons promising to
provide an employment and visa to Slovakia and thereafter failed
to provide the employment or the visa and thereby committed the
offences alleged.
4. Heard Adv. Rameez Nooh, the learned Counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
the prosecution allegations are false and that petitioner has no
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involvement in the alleged crime and, therefore, she may be
granted anticipatory bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that custodial interrogation is necessary.
7. Petitioner is alleged to have received an amount of
Rupees One Lakh from the de fato complainant promising to
provide an employment and visa in Slovakia. However, it is
contended that even before the registration of the crime, petitioner
had returned a portion of the amount to the de facto complainant
and later, within few months thereafter, the entire amount had
been returned.
8. Though the allegations against the petitioner are
serious, since it is noticed that except for receiving a portion of the
amount, petitioner had no authority to obtain any visa or proces
any visa applications on behalf of others, I am of the view that her
custodial interrogation is not necessary, however, she must subject
herself to interrogation.
Accordingly, this application is allowed on the following
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conditions:
(a) Petitioner shall appear before the Investigating Officer
on 21.08.2025 and shall subject herself to interrogation.
(b) If after interrogation, the Investigating Officer
proposes to arrest the petitioner, then, she 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 before the Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer
as and when required and shall also co-operate with the
investigation.
(d) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall she tamper with the evidence.
(e) Petitioner shall not commit any similar offences while
she is on bail.
(f) Petitioner shall not leave India without the permission
of the Court having jurisdiction.
In case of violation of any of the above conditions or if any
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modification or deletion of the conditions are required, the
jurisdictional Court shall be empowered to consider such
applications, if any, and pass appropriate orders in accordance
with law, notwithstanding the bail having been granted by this
Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
sp/05/08/2025
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APPENDIX OF BAIL APPL. 8108/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 867 OF 2024 REGISTERED BY
THADIYATTAPARAMBA POLICE STATION,
ERNAKULAM RURAL
Annexure A2 TRUE COPY OF THE PHONEPE PAYMENT
SCREENSHOTS SHOWING THE TRANSFER OF
RS.1,00,000/- BY THE PETITIONER TO THE
BANK ACCOUNT OF THE DEFACTO COMPLAINANT'S
FRIEND
Annexure A3 TRUE COPY OF THE ORDER DATED 21.06.2025
IN CRL. M.C NO. 1669 OF 2025 PASSED BY
THE HON'BLE DISTRICT AND SESSIONS COURT,
ERNAKULAM
