Kerala High Court
Keerthana.S.Kumar vs State Of Kerala on 11 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8342 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
BAIL APPL. NO. 8342 OF 2025
CRIME NO.1511/2024 OF Angamali Police Station, Ernakulam
AGAINST THE ORDER DATED 16.06.2025 IN CMP NO.1176 OF
2025 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY
ARISING OUT OF THE ORDER/JUDGMENT DATED 28.06.2025 IN CRMC
NO.1795 OF 2025 OF ADDITIONAL SESSIONS COURT (ADHOC)-II,
ERNAKULAM
PETITIONER/ 2ND ACCUSED :
KEERTHANA.S.KUMAR
AGED 30 YEARS
D/O SATHEESH KUMAR,
NEDUMTHURLLTHIL ROAD, P
ANANGAD.P.O,
NOW RESIDING AT C/O SANTHAKUMARI,
MANKOOTTATHIL (H), UDAYAMPERUR,
ERNAKULAM DISTRICT, PIN - 682 307
BY ADV SMT.G.VIDYA
RESPONDENT/ COMPLAINANT :
1 STATE OF KERALA
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BAIL APPL. NO. 8342 OF 2025
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* ADDL.R2 IS IMPLEADED
2 VEENA VARGHESE
W/O BASIL JAMES, KOKKARAVELIL HOUSE,
VADAYAMPADY P.O., AIKARANAD SOUTH,
ERNAKULAM DISTRICT
* ADDL.R2 IS IMPLEADED AS PER ORDER DATED 10-7-25 IN
CRL MA 1/25
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SMT.MINU VITTORRIA PAULSON
SMT.ARCHANA P.P.
SMT.GOPIKA GOPAL
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SRI.PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8342 OF 2025
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BECHU KURIAN THOMAS, J.
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B.A.No.8342 of 2025
------------------------------------
Dated this the 11th 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 2nd accused in Crime No.1511 of 2024 of
Angamaly Police Station, Ernakulam, registered for the offences
punishable under Sections 406, 419 and 420 r/w Section 34 of the Indian
Penal Code, 1860.
3. According to the prosecution, the accused had impersonated
as an officer of NORKA in Delhi and induced the defacto complainant to
pay an amount of Rs.10,00,000/- for a job Visa for the defacto
complainant in Canada and thereafter failed to provide such a Visa or
return the amount and thereby the accused committed the offences
alleged. Petitioner has earlier approached this Court for anticipatory bail
and the same was granted on 10.12.2024. Petitioner was arrested on
BAIL APPL. NO. 8342 OF 2025
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11.06.2025 for violation of conditions of bail granted on that day.
4. Petitioner along with the first accused approached this Court
in B.A.No.6706 of 2024 and by an order dated 10.12.2024, this Court
granted anticipatory bail on conditions. One of the conditions stipulated
that 'the petitioners shall pay the amount as agreed in Annexure A1
within three months from the date of receipt of a copy of this order'.
Since the amount as stipulated in the order granting anticipatory bail as
per Annexure A1 agreement produced therein, was not paid, the defacto
complainant filed an application for cancellation of bail as C.M.P.No.410 of
2025. By an order dated 19.05.2025, the learned Magistrate cancelled
the bail of the petitioner as well as that of the first accused. It was
specifically noted in the order cancelling the bail that the condition
imposed by the High Court while granting anticipatory bail to pay the
amount as per Annexure A1 was violated. Petitioner did not challenge the
order of cancellation of bail and in the meantime, she was arrested on
11.06.2025. Thereafter petitioner has approached this Court seeking
regular bail.
5. Heard Smt.G.Vidya, the learned counsel for the petitioner,
Sri.K.Shaj, the learned counsel for the defacto complainant as well as
Sri.Prasanth M.P., the learned Public Prosecutor.
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6. The learned counsel for the defacto complainant vehemently
objected to the grant of bail and submitted that the petitioner has in
gross violation of the conditions imposed by this Court without any
deference to the orders of this Court refused to pay the amount and
hence, she shall not be released on bail.
7. On a perusal of the order of this Court in B.A.No.6706 of
2024, it is noticed that condition No.6 related to payment of amounts as
agreed in Annexure A1, which was produced in that bail application.
Annexure A1 was an agreement executed between M/s. Rights Associates
through its Proprietor Mr.Prathapan and the defacto complainant.
Petitioner was not a party to that agreement. Since this Court had only
directed the amounts to be paid by the petitioners as agreed in Annexure
A1, the liability to pay the amount as per the said condition can fall only
on the parties to the agreement which is the first accused. The violation
of the said condition could not have been attributed to the petitioner.
However, since the order of cancellation of bail has not been challenged
by the petitioner, I cannot enter into a conclusion in that regard. But,
bearing in mind the aforesaid, I am of the view that petitioner ought to be
released on bail.
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8. Accordingly this bail application is allowed on the following
conditions :-
(a) Petitioner shall be released on bail on her executing a bond
for Rs.25,000/- (Rupees twenty five thousand only) without
sureties for the like sum to the satisfaction of the court having
jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as
and when required.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
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APPENDIX OF BAIL APPL. 8342/2025
PETITIONER ANNEXURES
Annexure -A1 THE TRUE COPY OF THE ORDER PASSED BY THE
JUDICIAL FIRST-CLASS MAGISTRATE, ANGAMALY
IN CMP NO.1176/2025 DATED 16.06.2025
Annexure-A2 THE CERTIFIED COPY OF THE ORDER PASSED BY
THE ADDL. SESSIONS COURT-LL, EMAKULAM
DIVISION IN CRIMINAL M.C.NO.1795./2025
DATED 28.06.2025
ANNEXURE R2A The true copy of Judgment dated 10/12/2024
in B.A. No. 6706/2024 of Hon'ble High
Court of Kerala
ANNEXURE R2B The true copy of Order dated 19/05/2025 in
CMP No. 410/2025 in Crime No. 1511/2024 of
Hon'ble Judicial First Class Magistrate,
Angamaly
