Kerala High Court
Nasarudheensha vs State Of Kerala on 6 February, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BA Nos.1065, 1067, 1069 & 1070 of 2025
1
2025:KER:9791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946
BAIL APPL. NO. 1065 OF 2025
CRIME NO.1305/2024 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 03.01.2025 IN CRMC
NO.2262 OF 2024 OF DISTRICT COURT & SESSIONS COURT,
KOZHIKODE
PETITIONER(S)/2ND ACCUSED:
NASARUDHEENSHA
AGED 32 YEARS, S/O. SULAIMAN, KURUPPAM THODIYIL
HOUSE, KALPAKA STREET, PATTAMBI P.O, PATTAMBI
VILLAGE, PALAKKAD DISTRICT-, PIN - 679303
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
ANU T.H.
RESPONDENT(S)/DEFACTO COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV. SRI. HRITHWICK C.S., SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2025, ALONG WITH Bail Appl..1067/2025, 1069/2025
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
BA Nos.1065, 1067, 1069 & 1070 of 2025
2
2025:KER:9791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946
BAIL APPL. NO. 1067 OF 2025
CRIME NO.1306/2024 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 03.01.2025 IN CRMC
NO.2261 OF 2024 OF DISTRICT COURT & SESSIONS COURT,
KOZHIKODE
PETITIONER(S)/2ND ACCUSED:
NASARUDHEENSHA,
AGED 32 YEARS, S/O. SULAIMAN, KURUPPAM THODIYIL
HOUSE, KALPAKA STREET, PATTAMBI P.O, PATTAMBI
VILLAGE, PALAKKAD DISTRICT-, PIN - 679 303
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
ANU T.H.
RESPONDENT(S)/DEFACTO COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031
BY ADV. SRI. NOUSHAD K.A., SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2025, ALONG WITH Bail Appl..1065/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.1065, 1067, 1069 & 1070 of 2025
3
2025:KER:9791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946
BAIL APPL. NO. 1069 OF 2025
CRIME NO.1308/2024 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 03.01.2025 IN CRMC
NO.2259 OF 2024 OF DISTRICT COURT & SESSIONS COURT,
KOZHIKODE
PETITIONER(S)/2ND ACCUSED:
NASARUDHEENSHA,
AGED 32 YEARS, S/O. SULAIMAN, KURUPPAM THODIYIL
HOUSE, KALPAKA STREET, PATTAMBI P.O, PATTAMBI
VILLAGE, PALAKKAD DISTRICT, PIN - 679303
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
ANU T.H.
RESPONDENT(S)/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
BY ADV.
SRI. NOUSHAD K.A., SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2025, ALONG WITH Bail Appl..1065/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.1065, 1067, 1069 & 1070 of 2025
4
2025:KER:9791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946
BAIL APPL. NO. 1070 OF 2025
CRIME NO.1307/2024 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 03.01.2025 IN CRMC
NO.2260 OF 2024 OF DISTRICT COURT & SESSIONS COURT,
KOZHIKODE
PETITIONER(S)/2ND ACCUSED:
NASARUDHEENSHA,
AGED 32 YEARS, S/O. SULAIMAN, KURUPPAM THODIYIL
HOUSE, KALPAKA STREET, PATTAMBI P.O, PATTAMBI
VILLAGE, PALAKKAD DISTRICT-, PIN - 679 303
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
ANU T.H.
RESPONDENT(S)/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV. SRI. NOUSHAD K.A., SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2025, ALONG WITH Bail Appl..1065/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.1065, 1067, 1069 & 1070 of 2025
5
2025:KER:9791
P.V.KUNHIKRISHNAN, J.
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BA Nos.1065, 1067, 1069 and 1070 of 2025
------------------------------------------------------------
Dated this the 06th day of February, 2025
ORDER
These Bail applications are filed under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The petitioner in these bail applications are one and
the same and therefore, I am disposing of these
cases by a common order.
2. The petitioner is the 2nd accused in Crime
Nos.1305, 1306, 1307 and 1308 of 2025 of Vadakara
Police Station. The above case is registered against
the petitioner alleging offences inter alia under
Sections 143(1), 115(2), 318(4), 316(2) and 3(5) of
the Bharatiya Nyaya Sanhita (BNS), 2023.
BA Nos.1065, 1067, 1069 & 1070 of 2025
2025:KER:9791
3. The prosecution case is that, with an
intention to have unlawful gain to the accused and in
order to cause unlawful loss to the victims, the
accused persons together in furtherance of their
common intention to commit the offence, promised
the victims that they will arrange employment to
them at Thailand and collected 540 dollars from
them. When the victims reached Combodia, the
accused in the crime handed over employment letter
of an online company and received another
2,50,000/- rupees. It is also alleged that the defacto
complainants suffered great torture from Combodia
by Chinese nationalist. Hence, it is alleged that the
accused committed the offence.
4. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor. The
Public Prosecutor opposed the bail application.
BA Nos.1065, 1067, 1069 & 1070 of 2025
2025:KER:9791
5. After hearing the counsel for the petitioner
in detail, I am of the considered opinion that, it is not
a fit case in which the bail can be granted under
Section 482 of BNSS. At this stage the counsel for
the petitioner submitted that, the petitioner is ready
to surrender before the Investigating Officer. The
counsel also submitted that, there may be a direction
to produce the petitioner after interrogation before
the jurisdictional court and there may be a direction
to the jurisdictional court to consider the bail
application on the date of production of the
petitioner. I think, that prayer can be allowed.
Considering the submission of the counsel for
the petitioner, this bail application is disposed of with
the following conditions:
1) The petitioner will surrender before the
Investigating Officer within two weeks from
BA Nos.1065, 1067, 1069 & 1070 of 2025
2025:KER:9791
today.
2) If the petitioner surrender before the
Investigating Officer as directed above, the
Investigating Officer is free to interrogate
the petitioner and shall produce the
petitioner before the jurisdictional court on
the date of surrender itself.
3) The petitioner is free to file bail
application before the jurisdictional court at
the time of producing him before the
Magistrate. If such a bail application is filed
with advance copy to the prosecutor
concerned, the jurisdictional court will
consider that bail application in accordance
with law and pass appropriate orders in it
preferably on the date of filing of the same
itself.
BA Nos.1065, 1067, 1069 & 1070 of 2025
2025:KER:9791
4) The Investigating Officer is free to file
custody application, if necessary, at the time
of producing the petitioner and if such an
application is filed, the jurisdictional court is
free to pass appropriate orders in it also.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
