Kerala High Court
Princy Francis vs State Of Kerala on 14 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8770 OF 2025
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2025:KER:61496
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
BAIL APPL. NO. 8770 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 08.07.2025 IN CRMC NO.910 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, THRISSUR
PETITIONER:
PRINCY FRANCIS, AGED 35 YEARS
W/O LATE ANOOP THOMAS, THALAKKASSERIL
MURIYAMANGALAM, MAMALA P.O., THIRUVANIYOOR VILLAGE,
PUTHENCRUZ, MAMALA, ERNAKULAM, PIN - 682305
BY ADVS.
SHRI.BABY THOMAS
SHRI.BIJU GEORGE
SRI.INDRAJITH S KAIMAL
SHRI.ALBERTHOVE FRANCIS.M.G.
SHRI.JOHNY GEORGE
SMT.EHLAS HALEEMA C.K.
SMT.MARIAMMA JOSEPH
SMT.ALICIA JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
CHALAKUDY POLICE STATION,
THRISSUR DISTRICT, PIN - 680 307.
SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8770 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8770 of 2025
...................................................
Dated this the 14th 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 accused in Crime No.673/2025 of Chalakudi Police
Station, Thrissur; registered for the offences punishable under Sections
318(4) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, accused, who are office bearers of Southern
Green Farming and Marketing Multi State Co-Operative Society Ltd., with
an intention to obtain unlawful gain, promised to provide huge interests
on deposits and collected a sum of Rs.5,00,000/- from the defacto
complainant and thereafter, failed to provide the interest or return the
amount, and thereby committed the offences alleged.
4. Heard Sri.Baby Thomas, 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 petitioner has
been falsely arrayed as an accused and that he has no involvement in
the alleged crime.
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6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations are serious in nature, and custodial interrogation is
essential. It was also submitted that petitioner is involved in several
other crimes of a similar nature.
7. On 31.07.2025 this Court directed the petitioner to appear before the
Investigating Officer for interrogation. Taking into account the
circumstances that her husband died recently and also bearing in mind
the contention of the petitioner that she has no role in the crime, a report
was also directed to be submitted after interrogation.
8. The learned Public Prosecutor submitted that the petitioner appeared for
interrogation and has been interrogated.
9. Petitioner, along with other accused, is alleged to have cheated the
defacto complainant of a large amount of money. Considering the
circumstance that the petitioner's husband had recently died and also
that her involvement in the crime has not yet been identified, I am of the
view that custodial interrogation of the petitioner is not necessary.
Since the petitioner has already appeared for interrogation, she can
appear before the Investigating Officer as and when it is so required and given
in writing.
10. In Sushila Aggarwal and Others v. State (NCT of Delhi)
and Another [(2020) 5 SCC 1], it was held that, while considering
whether to grant anticipatory bail or not, Courts ought to be generally
guided by considerations such as the nature and gravity of the offences,
the role attributed to the applicant, and the facts of the case. Grant of
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anticipatory bail is a matter of discretion and the kind of conditions to be
imposed or not to be imposed are all dependent on facts of each case,
and subject to the discretion of the court.
11. Accordingly, this application is allowed on the following
conditions:
(a) In the event of the petitioner being arrested in Crime No.673/2025
of Chalakudi Police Station, Thrissur; 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.
(b) Petitioner shall appear before the Investigating Officer for
interrogation if she is so required in writing and shall co-operate with
the investigation.
(c) Petitioner shall not destroy or tamper with the evidence.
(d) Petitioner shall not commit any other 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 if any 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
AMV/14/08/2025
BAIL APPL. NO. 8770 OF 2025
2025:KER:61496
APPENDIX OF BAIL APPL. 8770/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 06.06.2025 IN CRIME NO. 0673 OF
CHALAKUDI POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE RESIGNATION LETTER DATED
28.06.2024.
ANNEXURE A3 TRUE COPY OF THE PROCEEDINGS OF THE BOARD OF
DIRECTORS MEETING OF SOUTHERN GREEN FARMING
AND MARKETING MULTI STATE CO-OPERATIVE
SOCIETY LTD. REG. NO.MSCS/CR/286/2008 HELD ON
11.07.2024.
ANNEXURE A4 A TRUE COPY OF THE DEATH CERTIFICATE DATED
25.04.2025.
ANNEXURE A5 TRUE COPY OF THE ORDER DATED 08.07.2025 OF
THE SESSIONS JUDGE, THRISSUR IN CRL.MC NO.
910/2025.
ANNEXURE A6 TRUE COPY OF THE ORDER DATED 07.07.2025 IN
B.A. NO. 7784 OF 2025 OF HIGH COURT OF
KERALA.
ANNEXURE A7 A TRUE COPY OF THE COMPLAINT DATED 08.05.2025
BEFORE THE DIRECTOR GENERAL OF POLICE ALONG
WITH LETTER OF THE PETITIONER'S LATE HUSBAND,
ANOOP THOMAS.
ANNEXURE A8 ACKNOWLEDGMENT RECEIPT OF THE PETITION DATED
08.05.2025.
