Kerala High Court

Karthika Pradeep vs The Station House Officer on 2 July, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

BAIL APPL. NO. 8074 OF 2025

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                                                       2025:KER:48078

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

     WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947

                      BAIL APPL. NO. 8074 OF 2025

     CRIME NO.499/2025 OF BALUSSERY POLICE STATION, KOZHIKODE

        AGAINST THE ORDER/JUDGMENT DATED 13.06.2025 IN CMP NO.2408 OF

    2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA

PETITIONER/ACCUSED :

            KARTHIKA PRADEEP, AGED 25 YEARS
            D/O PRADEEP CT, LEKSHMI NILAYAM,
            KANNOMCODE, ADOOR, ADUR (KLA),
            ADOOR, PATHANAMTHITTA, PIN - 691 523.

            BY ADVS.
            SMT.IPSITA OJAL
            SHRI.MANAS P HAMEED
            SHRI.ANIL KUMAR K.P.


RESPONDENT/STATE :

    1       THE STATION HOUSE OFFICER
            BALUSSERY POLICE STATION,
            H 34 KOYILANDY - THAMARASSERY ROAD,
            BALUSSERY, KOZHIKODE, KERALA, PIN - 673 612.

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

             SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BAIL APPL. NO. 8074 OF 2025

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                                                                          2025:KER:48078



                         BECHU KURIAN THOMAS, J.
                   ......................................................
                             B.A. No.8074 of 2025
                     ...................................................
                    Dated this the 2nd day of July, 2025



                                        ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (for short 'BNSS').

2. Petitioner is the accused in Crime No.499/2025 of Balussery Police

Station, Kozhikode District, alleging offences punishable under Sections

316(2), and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case is that, the accused is conducting an establishment

by name "Take Off Overseas Educational Consultancy, Ernakulam" and

collected an amount of Rs.9,00,000/- from the defacto complainant by

promising to provide a family visa to her in UK and thereafter failed to

arrange the visa or return the amount, and thereby committed the

offences alleged.

4. I have heard Smt.Ipsita Ojal, the learned counsel for the petitioner as well

as Sri.Noushad K.A., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the entire

prosecution allegations are false and considering the period of detention

already undergone, she ought to be released on bail. BAIL APPL. NO. 8074 OF 2025

2025:KER:48078

6. The learned Public Prosecutor opposed the bail application and submitted

that, the allegations are serious in nature, and therefore, petitioner ought

not to be released on bail. It was further submitted that, petitioner is

involved in 13 other crimes.

7. On a perusal of the statement of the defacto complainant, it was noticed

that the amount of Rs.9,00,000/- was transferred in different instalments

commencing from 18.03.2025 to the accused with the promise that a

family visa could be obtained within two months. However, on a perusal

of the FIR, it is noticed that on 05.05.2025 itself the FIR has been lodged

alleging that the petitioner had failed to provide the employment or to

return the amount. Though the petitioner was taken into custody in

relation to other crimes on 02.05.2025, her arrest in the present crime

was recorded on 11.06.2025.

8. I am prima facie satisfied that even before the time agreed between the

parties had expired, the FIR has been registered the defacto complainant

went ahead and filed the complaint. Though the offences alleged against

the petitioner are serious in nature, considering the period of detention

already undergone, I am of the view that the continued detention is not

warranted. Though the learned Public Prosecutor submitted that the

petitioner is involved in 13 other crimes, I am of the view that the said

antecedents need not deter this Court from granting bail to the petitioner

in the present case.

9. In the result, this application is allowed on the following conditions:-

BAIL APPL. NO. 8074 OF 2025

2025:KER:48078

(a) Petitioner 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 to the satisfaction of the court

having jurisdiction.