Kerala High Court
Shahanas. B vs State Of Kerala on 21 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8816 OF 2025
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2025:KER:63446
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
BAIL APPL. NO. 8816 OF 2025
CRIME NO.872/2025 OF KANNANALLOOR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.872 OF 2025
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOTTARAKKARA
PETITIONER(S)/2ND ACCUSED:
SHAHANAS. B
AGED 25 YEARS
S/O. BABU, KOIPPURATHUVILA VEEDU,
MUSLIM STREET, KOTTARAKKARA. P.O,
KOLLAM, PIN - 691506.
BY ADVS.
SRI.ARUN BABU
SRI.N.MUHAMMED NAHAS
SHRI.ANEESHRAJ R.
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER
KANNANALLOOR POLICE STATION. KANNANALLOOR,
NEDUMPANA P.O,KOLLAM, PIN - 691547.
BY SRI. NOUSHAD K.A, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8816 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8816 of 2025
...................................................
Dated this the 21st 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.872/2025 of Kannanalloor
Police Station, Kollam, registered alleging offences punishable under
Section 316(2), 318(4), 336(2) and 340(2) of the Bharatiya Nyaya
Sanhita, 2023, and Section 24(l)(g) of the Emigration Act, 1983.
3. The prosecution case is that, the accused had promised to arrange a visa
for the defacto complainant on payment of money and thereafter under
the directions of the first accused an amount of Rs.85,000/- was
transferred to the petitioner. Subsequently, a forged visa was
forwarded to the defacto complainant through WhatsApp and the
accused thus committed the offence alleged.
4. I have heard Sri.Arun Babu, the learned counsel for the petitioner, and
Sri.Noushad K.A, the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that petitioner has been
wrongly arrayed as an accused and that he has no involvement in the
alleged crime.
BAIL APPL. NO. 8816 OF 2025
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6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations against the petitioner are serious in nature and
custodial interrogation is essential.
7. On a reading of the FIR, it is revealed that the amounts were transferred
by the defacto complainant to the account of the petitioner on the
specific directions of the first accused. Petitioner has a claim that the
entire amount received by him from the defacto complainant was
immediately transferred to the sister of the first accused and that he has
no involvement in the alleged crime.
8. Having regard to the nature of allegations, and the specific involvement
of the first accused, who has already been arrested, at whose directions
admittedly the money was transferred, I am of the view that petitioner
need not be subjected to custodial interrogation. However, he must
subject himself to interrogation for the purpose of completing the
investigation.
9. Reference to the decision in Sushila Aggarwal and Others v. State
(NCT of Delhi) and Another, [2020 (5) SCC 1] is relevant. 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 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.
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10. Accordingly, this application is allowed on the following
conditions:
(a) Petitioner shall appear before the Investigating Officer on
29.08.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest
the petitioner, then, he shall be released on bail on him executing a
bond for Rs.50,000/- (Rupees fifty thousand only) each 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 he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on
bail.
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/21/08/2025
BAIL APPL. NO. 8816 OF 2025
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APPENDIX OF BAIL APPL. 8816/2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME NO. 872/2025 OF
KANNANALLOOR POLICE STATION, DATED 14/06/2025.
ANNEXURE A2 THE TRUE COPY OF THE PASSBOOK MAINTAINED BY
THE PETITIONER WITH UCO BANK BEARING ACCOUNT
NO - 29060110042083.
ANNEXURE A3 THE CERTIFIED COPY OF THE ORDER IN CRL MC
1551/2025 OF THE PRINCIPAL SESSIONS COURT,
KOLLAM DATED 01/07/2025.
