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Mahi Sajeev vs The Station House Officer
2025 Latest Caselaw 4353 Ker

Citation : 2025 Latest Caselaw 4353 Ker
Judgement Date : 21 February, 2025

Kerala High Court

Mahi Sajeev vs The Station House Officer on 21 February, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
                                                                  2025:KER:15269
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

    FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                         BAIL APPL. NO. 2345 OF 2025

     CRIME NO.148/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

    1        MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506
    2        ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 686605

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

    1        THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT., PIN -
             686572

    2        STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031

             SRI.NOUSHAD.K.A, SR PP


     THIS     BAIL     APPLICATION    HAVING    COME   UP    FOR    ADMISSION    ON
21.02.2025,     ALONG     WITH   Bail    Appl..2346/2025,          2350/2025    AND
CONNECTED     CASES,    THE   COURT     ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        2

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2346 OF 2025

       CRIME NO.149/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

             MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             G.SUDHEER, PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        3

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2350 OF 2025

       CRIME NO.153/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT., PIN -
             686605

     2       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572
     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             NOUDHAD.K.A, SR PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        4

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2365 OF 2025

       CRIME NO.155/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506
     2       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 686605

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             G.SUDHEER, PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        5

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2375 OF 2025

       CRIME NO.170/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 686605
     2       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AMAL BABY
             AJAY GOPAL
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT., PIN -
             686572

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             G.SUDHEER, PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        6

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2380 OF 2025

       CRIME NO.156/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 686605
     2       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             NOUSHAD.K.A, SR PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        7

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2393 OF 2025

       CRIME NO.162/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT, PIN.,
             PIN - 686605

     2       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AMAL BABY
             AJAY GOPAL
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572
     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             SEETHA.S, SR PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        8

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2397 OF 2025

       CRIME NO.157/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

     2       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 686605

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572
     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             NOUSHAD.K.A, SR PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                        9

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2403 OF 2025

       CRIME NO.158/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 686605
     2       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             SEETHA.S, SR PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                       10

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2609 OF 2025

       CRIME NO.181/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 686605
     2       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AJAY GOPAL
             AMAL BABY
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572
     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             NOUSHAD.K.A. SR PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                       11

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946

                        BAIL APPL. NO. 2610 OF 2025

       CRIME NO.182/2025 OF Kidangoor Police Station, Kottayam


PETITIONER/S:

     1       ABHIJITH KUMAR C.A
             AGED 31 YEARS
             S/O. ANIL KUMAR S., CHEMBALAMANIYANKUNNEL,
             BRAHMAMANGALAM P.O., CHEMPU, KOTTAYAM DISTRICT.,
             PIN - 68660
     2       MAHI SAJEEV
             AGED 24 YEARS
             S/O.SAJEEV, PANNIYAMACKAL HOUSE, CHENNAKUNNU P.O.,
             CHIRAKKADAVU, KOTTAYAM DISTRICT., PIN - 686506

             BY ADVS.
             SHAJI THANKAPPAN
             SUBIN K SUDHEER
             AMAL BABY
             AJAY GOPAL
             NANDUKRISHNA D.

RESPONDENT/S:

     1       THE STATION HOUSE OFFICER
             KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT.,
             PIN - 686572
     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031

             NOUSHAD.K.A, SR PP


      THIS    BAIL   APPLICATION     HAVING    COME   UP   FOR   ADMISSION   ON
21.02.2025, ALONG WITH Bail Appl..2345/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2025:KER:15269
BAIL APPL. NO.2345 OF 2025 & connected cases

                                       12
                    P.V.KUNHIKRISHNAN, J
                   --------------------------------
              B.A.Nos.2345, 2346, 2350, 2365,
                  2375, 2380, 2393, 2397,
                 2403, 2609 & 2610 of 2025
                    -------------------------------
          Dated, this the 21st day of February, 2025

                       COMMO N ORDER

These Bail Application are filed under Section 482 of

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These bail

applications are connected and therefore, I am disposing of

these bail applications by a common order.

2. Petitioners are the accused in Crime

Nos.148/2025, 149/2025, 153/2025, 155/2025, 170/2025,

156/2025, 162/2025, 157/2025, 158/2025, 181/2025 and

182/2025 of Kidangoor Police Station, Kottayam. The above

cases are registered against the petitioners alleging offences

inter alia under Sections 406, 420 r/w 34 of IPC.

3. The prosecution case in all these crimes are

that, the accused who is the owner of Falcon HR Migration, a

manpower recruiting agency had cheated the defacto

complainants in these cases by offering a visa abroad. It is 2025:KER:15269 BAIL APPL. NO.2345 OF 2025 & connected cases

also alleged that the accused collected huge amount from the

defacto complainants, and the visa is not provided and the

amount is also not returned. Hence, it is alleged that the

accused committed the offence.

4. Heard the learned counsel appearing for the

petitioners and the learned Public Prosecutor.

5. The counsel for the petitioners submitted that

the petitioners are only employees of the Company and the

accused collected the amount and cheated the victims. The

counsel submitted that another employee was also released

on bail by this Court as per order dated 08.01.2025 in BA

No.10767/2024. The counsel also submitted that the

petitioners are ready to abide any conditions imposed by this

Court, if this Court grants them bail.

6. The learned Public Prosecutor seriously

opposed the bail application. The Public Prosecutor submitted

that the license is issued in the name of the accused at

Sharja.

2025:KER:15269 BAIL APPL. NO.2345 OF 2025 & connected cases

7. This Court considered the contentions of the

petitioners and the Public Prosecutor. It is true that the

allegations against the petitioners are very serious. The

petitioners are ready to appear before the Investigating

Officer for interrogation. Considering the facts and

circumstances of the case, I think, custodial interrogation of

the petitioners may not be necessary. The petitioners can be

directed to surrender before the Investigating Officer and

after interrogation, if arrest is recorded, there can be a

direction to release the petitioners on bail. The petitioners

shall surrender their passports at the time of surrender. If the

petitioners are employed at abroad, the petitioners can file

appropriate applications before the jurisdictional court for

release the passports and if such applications are filed, the

jurisdictional court will consider the same, in accordance with

law.

8. Moreover, it is a well accepted principle that

the bail is the rule and the jail is the exception. The Hon'ble

Supreme Court in Chidambaram. P v Directorate of 2025:KER:15269 BAIL APPL. NO.2345 OF 2025 & connected cases

Enforcement [2019 (16) SCALE 870], after considering all

the earlier judgments, observed that, the basic jurisprudence

relating to bail remains the same inasmuch as the grant of

bail is the rule and refusal is the exception so as to ensure

that the accused has the opportunity of securing fair trial.

9. Recently the Apex Court in Siddharth v

State of Uttar Pradesh and Another [2021(5)KHC 353]

considered the point in detail. The relevant paragraph of the

above judgment is extracted hereunder.

"12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, 2025:KER:15269 BAIL APPL. NO.2345 OF 2025 & connected cases

throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused."

10. In Manish Sisodia v. Central Bureau of

Investigation [2023 KHC 6961], the Apex Court observed

that, even if the allegation is one of grave economic offence,

it is not a rule that bail should be denied in every case.

Considering the dictum laid down in the above

decisions and considering the facts and circumstances of

these cases, these Bail Applications are allowed with the

following conditions:

1. The petitioners shall appear before the

Investigating Officer within two weeks from today

and shall undergo interrogation.

2. After interrogation, if the Investigating Officer

propose to arrest the petitioners, they shall be

released on bail on executing a bond for a sum of

Rs.50,000/-(Rupees Fifty Thousand only) with two

solvent sureties each for the like sum to the

satisfaction of the arresting officer concerned.

2025:KER:15269 BAIL APPL. NO.2345 OF 2025 & connected cases

3. The petitioners shall appear before the

Investigating Officer for interrogation as and when

required. The petitioners 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 them from disclosing such facts to the

Court or to any police officer.

4. Petitioners shall not leave India without

permission of the jurisdictional Court.

5. Petitioners shall not commit an offence

similar to the offence of which they are accused,

or suspected, of the commission of which they

suspected.

6. Needless to mention, it would be well

within the powers of the investigating officer to

investigate the matter and, if necessary, to effect

recoveries on the information, if any, given by the

petitioners even while the petitioners are on bail 2025:KER:15269 BAIL APPL. NO.2345 OF 2025 & connected cases

as laid down by the Hon'ble Supreme Court in

Sushila Aggarwal v. State (NCT of Delhi) and

another [2020 (1) KHC 663].

7. The petitioners shall surrender their

passports before the Investigating Officer at the

time of surrender.

8. If any of the above conditions are violated

by the petitioners, the jurisdictional Court can

cancel the bail in accordance to law, even though

this bail is granted by this Court. The prosecution

and the victim are at liberty to approach the

jurisdictional Court to cancel the bail, if any of the

above conditions are violated.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

SSG

 
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