Kerala High Court
Baby vs State Of Kerala on 5 March, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2968 OF 2025
CRIME NO.168/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE,
PUTHENPEEDIKA P.O., VADAKKUMURI VILLAGE,
THRISSUR TALUK, THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI NOUSHAD KA, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2969/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2969 OF 2025
CRIME NO.169/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI NOUSHAD KA, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2970 OF 2025
CRIME NO.171/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI NOUSHAD KA, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2971 OF 2025
CRIME NO.172/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT SEETHA S, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2972 OF 2025
CRIME NO.173/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SMT SEETHA S, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2973 OF 2025
CRIME NO.174/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SMT SEETHA S, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2974 OF 2025
CRIME NO.179/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI G SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2975 OF 2025
CRIME NO.189/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI G SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2976 OF 2025
CRIME NO.197/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI G SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2977 OF 2025
CRIME NO.198/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI NOUSHAD KA, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2978 OF 2025
CRIME NO.391/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI NOUSHAD KA, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2979 OF 2025
CRIME NO.392/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI NOUSHAD KA, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2980 OF 2025
CRIME NO.393/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI NOUSHAD KA, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2981 OF 2025
CRIME NO.405/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SMT SEETHA S, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2982 OF 2025
CRIME NO.407/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT SEETHA S, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
BAIL APPL. NO. 2983 OF 2025
CRIME NO.406/2024 OF Pavaratty Police Station, Thrissur
PETITIONER/ACCUSED:
BABY
AGED 67 YEARS
W/O RAMAKRISHNAN, KURUVATH HOUSE, PUTHENPEEDIKA
P.O., VADAKKUMURI VILLAGE, THRISSUR TALUK,
THRISSUR, PIN - 680642
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SMT SEETHA S, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2025, ALONG WITH Bail Appl..2968/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
17
P.V.KUNHIKRISHNAN, J.
--------------------------------
B.A. Nos. 2968, 2969, 2970, 2971, 2972,
2973, 2974, 2975, 2976, 2977, 2978, 2979, 2980,
2981, 2982 & 2983 of 2025
----------------------------------------------
Dated this the 05th day of March, 2025
ORDER
These Bail Applications filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita (BNSS) 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 Pavarratty Police
Station.
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 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.
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Bail Appl. No.2968/2025 & C.CASES
4. Heard counsel for the petitioner and the Public
Prosecutor.
5. The counsel for the petitioner submitted that
the petitioner is in custody from 17.02.2025 onwards. The
petitioner was arrested in these cases formally on 27.02.2025.
The counsel submitted that the petitioner is ready to abide any
conditions if this court release her on bail. The Public
Prosecutor opposed the bail applications and submitted that the
petitioner's arrest was recorded in all the aforementioned
crimes. The Public Prosecutor submitted that there are other
crimes also with same set of facts against the petitioner.
6. 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
petitioner is in custody from 27.02.2025. 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.
7. Moreover, it is a well accepted principle that
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Bail Appl. No.2968/2025 & C.CASES
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.
8. 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, 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
2025:KER:18510
Bail Appl. No.2968/2025 & C.CASES
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 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)
9. 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 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
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Bail Appl. No.2968/2025 & C.CASES
time that the trial courts and the High Courts
should recognize the principle that "bail is rule
and jail is exception"."
10. Considering the dictum laid down in the above
decision and considering the facts and circumstances of this
case, 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.
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/her from disclosing such facts to the
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Bail Appl. No.2968/2025 & C.CASES
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 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
jv
