Citation : 2025 Latest Caselaw 7159 Ker
Judgement Date : 25 June, 2025
B.A.No.7566/2025
1
2025:KER:45994
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 25TH DAY OF JUNE 2025 / 4TH ASHADHA, 1947
BAIL APPL. NO. 7566 OF 2025
CRIME NO.475/2025 OF NAGAROOR POLICE STATION,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 09.06.2025 IN Bail
Appl. NO.6994 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
RENJO K JOHN
AGED 35 YEARS
S/O. M..JOHN KUTTI, RESIDING AT KOOROMVILA VEEDU,
MUKKOODU, MULAVANA, KOLLAM DISTRICT., PIN -
625309
BY ADV SRI.R.NIKHIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
NAGAROOR POLICE STATION, THIRUVANANTHAPURAM
DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
SR.PP NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.7566/2025
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2025:KER:45994
ORDER
This application is filed u/s 482 of the Bharatiya Nagarik
Suraksha Sanhitha, 2023 (for short, the BNSS) seeking pre-
arrest bail.
2. The applicant is the accused in Crime
No.475/2025 of Nagaroor Police Station, Thiruvananthapuram.
The offences alleged are punishable under Sections 316(2) and
318(4) of the Bharatiya Nyaya Sanhitha (BNS), 2023.
3. The prosecution case, in short, is that the
applicant with intention to cheat the defacto complainant and
relatives obtained an amount of ₹12 lakhs (Twelve lakhs only)
from them on different occasions from 19.7.2024 to 21.7.2024
on making them believe that he will obtain job visa and thereby
committed the offences.
4. I have heard Sri. R. Nikhil, the learned counsel
for the applicant and Sri. Noushad K.A., the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant
submitted that the applicant is innocent and has been falsely
implicated in the present case. The counsel further submitted
that no materials are on record to connect the applicant with the
2025:KER:45994
alleged crime; hence, he is entitled to get bail. The learned
Public Prosecutor, on the other hand, submitted that the alleged
incident occurred as a part of the intentional criminal acts of the
applicant, and if he is released on bail at this stage, it will affect
the course of the investigation.
6. The documents produced by the applicant
along with the bail application would show that he is running a
training institute by name Career Tech Institutions for Technical
Excellence. The applicant is a 40% disabled person as evident
from Annexure A2. According to him, on 2022, after his
divorce, he registered in a matrimonial site for second marriage
and from there got acquainted with one Maria Elizabeth Mathew
of Kottayam and she introduced her brother Saju Mathew to
him. It is further alleged that the marriage was proceeded
further by both families, but was not materialised. It is also
alleged that Maria Elizabeth Mathew and her brother Saju
Mathew made the applicant and his family believe that they are
conducting a school in Jaipur and has license to recruit persons
abroad. It is further alleged that pretending to be in love, the
said Maria Elizabeth Mathew and Saju Mathew made many job
aspirants to transfer various amounts to the applicant's account
totalling to ₹86,00,000/- and he had transferred the amounts to
2025:KER:45994
Elizabeth Mathew and Saju Mathew and the persons instructed
by them. Annexure A3 agreement would substantiate this
version. Annexure A5 would show that Kundara Police Station
has registered a crime against the said Elizabeth Mathew and
Saju Mathew on the complaint given by the applicant. It is
thereafter, the present crime was registered. Considering the
allegations levelled against the applicant, his custodial
interrogation does not appear to be necessary. For these
reasons, it is a fit case where pre-arrest bail can be granted to
the applicant.
In the result, the application is allowed on the following
conditions:-
(i) The applicant shall be released on bail in the
event of his arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) with two solvent sureties for the like
sum each to the satisfaction of the arresting officer/investigating
officer, as the case may be.
(ii) The applicant shall fully cooperate with the
investigation, including subjecting himself to the deemed police
custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
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Saturday until further orders. He shall also appear before the
investigating officer as and when required.
(iv) The applicant shall not commit any offence of a
like nature while on bail.
(v) The applicant shall not attempt to contact any
of the prosecution witnesses, directly or through any other
person, or in any other way try to tamper with the evidence or
influence any witnesses or other persons related to the
investigation.
(vi) The applicant shall not leave the State of
Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
bail conditions or cancellation of bail on the grounds of violating
the bail conditions shall be filed at the jurisdictional court.
DR. KAUSER EDAPPAGATH JUDGE kp
2025:KER:45994
APPENDIX OF BAIL APPL. 7566/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 26.05.2025 IN CRIME NO:
475/2025 OF NAGAROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A2 A TRUE COPY OF STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE BEARING NO:113 DATED 07.03.2018 OF THE TALUK HEAD QUARTERS HOSPITAL, KOTTARAKKARA Annexure A3 A TRUE COPY OF THE AGREEMENT DATED 11.03.2025 EXECUTED BY ELIZABETH MATHEW WITH THE PETITIONER Annexure A4 A TRUE COPY OF THE COMPLAINT NUMBERED AS C.M.P NO:2530/2025 ON THE FILES OF THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE'S COURT-I, KOLLAM Annexure A5 A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 09.05.2025 IN CRIME NO:
1032/2025 OF KUNDARA POLICE STATION
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