Kerala High Court
Baby vs State Of Kerala on 27 February, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
B.A.Nos.2508 OF 2025 & connected cases
1
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2508 OF 2025
CRIME NO.145/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.2:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2516/2025, 2519/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
2
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2516 OF 2025
CRIME NO.233/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.2:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.G.SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2508/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
3
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2519 OF 2025
CRIME NO.252/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.2:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
C.DHEERAJ RAJAN
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2508/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
4
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2521 OF 2025
CRIME NO.608/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.2:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.HRITHWIK C.S., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2508/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
5
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2524 OF 2025
CRIME NO.646/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.1:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.G.SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2508/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
6
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2526 OF 2025
CRIME NO.792/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.2:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.G.SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2508/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
7
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2527 OF 2025
CRIME NO.815/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.2:
BABY
AGED 67 YEARS
, W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2508/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
8
2025:KER:16472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
BAIL APPL. NO. 2530 OF 2025
CRIME NO.950/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S)/ACCUSED NO.2:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2025, ALONG WITH Bail Appl..2508/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2508 OF 2025 & connected cases
9
2025:KER:16472
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos.2508, 2516, 2519, 2521,
2524, 2526, 2527 & 2530 of 2025
-------------------------------
Dated this the 27th day of February, 2025
ORDER
These Bail Applications are filed under Section 483
of Bharatiya Nagarik Suraksha Sanhita (BNSS). These Bail
Applications are connected and therefore, I am Disposing of
these cases by a common order.
2. Petitioner in these cases are one and the
same. She is an accused in different crimes at Chavakkad
Police Station, Thrissur.
3. The prosecution case is that the Pravasi
Syndicate Chits Private Limited (Malayali Kshema Nidhi
Limited) is operated by accused No.1 and 2. They assured
the defacto complainants that, they would provide 12%
interest on the deposited amount. Relying on this, the
B.A.Nos.2508 OF 2025 & connected cases
2025:KER:16472
defacto complainants in these cases deposited huge
amount. However, they did not obtain the principal amount
or the promised interest. Hence it is alleged that the
accused committed the above said offences.
4. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted
that the petitioner is in custody from 17.02.2025 onwards.
The petitioner is ready to abide any conditions if this court
release him on bail.
6. Public Prosecutor opposed the bail
applications and submitted that the petitioner's arrest was
recorded in all the afore mentioned crimes. The Public
Prosecutor submitted that there are other crimes also with
same set of facts against the petitioner.
7. This Court considered the contentions of
the petitioner and the Public Prosecutor. It is true that the
allegation against the petitioner is very serious. But the
B.A.Nos.2508 OF 2025 & connected cases
2025:KER:16472
petitioner is in custody from 17.02.2025. Indefinite
incarceration of the petitioner may not be necessary in the
facts and circumstances of the case. There can be a
direction to the petitioner to co-operate with the
investigation. With that condition bail can be granted.
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
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. Moreover, in Jalaluddin Khan v. Union of
India [2024 KHC 6431], the Hon'ble Supreme Court
observed that:
"21. Before we part with the Judgment,
B.A.Nos.2508 OF 2025 & connected cases
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we must mention here that the Special
Court and the High Court did not
consider the material in the charge sheet
objectively. Perhaps the focus was more
on the activities of PFI, and therefore,
the appellant's case could not be
properly appreciated. When a case is
made out for a grant of bail, the Courts
should not have any hesitation in
granting bail. The allegations of the
prosecution may be very serious. But,
the duty of the Courts is to consider the
case for grant of bail in accordance with
the law. "Bail is the rule and jail is an
exception" is a settled law. Even in a
case like the present case where there
are stringent conditions for the grant of
bail in the relevant statutes, the same
rule holds good with only modification
that the bail can be granted if the
B.A.Nos.2508 OF 2025 & connected cases
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conditions in the statute are satisfied.
The rule also means that once a case is
made out for the grant of bail, the Court
cannot decline to grant bail. If the Courts
start denying bail in deserving cases, it
will be a violation of the rights
guaranteed under Art.21 of our
Constitution." (underline supplied)
10. In Manish Sisodia v. Directorate of
Enforcement [2024 KHC 6426], also the Hon'ble
Supreme Court observed that:
"53. The Court further observed that, over a
period of time, the trial courts and the High
Courts have forgotten a very well - settled
principle of law that bail is not to be
withheld as a punishment. From our
experience, we can say that it appears that
the trial courts and the High Courts attempt
to play safe in matters of grant of bail. The
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principle that bail is a rule and refusal is an
exception is, at times, followed in breach.
On account of non - grant of bail even in
straight forward open and shut cases, this
Court is flooded with huge number of bail
petitions thereby adding to the huge
pendency. It is high time that the trial courts
and the High Courts should recognize the
principle that "bail is rule and jail is
exception".
Considering the dictum laid down in the above
decision and considering the facts and circumstances of
these cases, these Bail Applications are allowed with the
following directions:
1. Petitioner shall be released on bail on
executing a bond for Rs.50,000/- (Rupees
Fifty Thousand only) with two solvent
sureties each for the like sum to the
satisfaction of the jurisdictional Court.
B.A.Nos.2508 OF 2025 & connected cases
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2. The petitioner shall appear before the
Investigating Officer for interrogation as
and when required. The petitioner 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 him from disclosing
such facts to the Court or to any police
officer.
3. Petitioner shall not leave India without
permission of the jurisdictional Court.
4. Petitioner shall not commit an offence
similar to the offence of which she is
accused, or suspected, of the commission
of which she is suspected.
5. If any of the above conditions are
violated by the petitioner, the
B.A.Nos.2508 OF 2025 & connected cases
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jurisdictional Court can cancel the bail in
accordance to law, even though the bail is
granted by this Court. The prosecution
and the victim are at liberty to approach
the jurisdictional court to cancel the bail,
if there is any violation of the above
conditions.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
