Kerala High Court
Nimi.I vs State Of Kerala on 28 March, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:26721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4241 OF 2025
CRIME NO.585/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED 19.03.2025 IN CMP NO.337 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III(MOBILE),KANNUR
PETITIONER/5TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA,
KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SR PP-NOUSHAD K A ,
SR PP-HRITHWIK C S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NOS.4242/2025, 4243/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.NO.4241 OF 2025 2
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CONNECTED CASES
2025:KER:26721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4242 OF 2025
CRIME NO.589/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. NO.1670 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/5TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SR PP-HRITHWIK C S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 3
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CONNECTED CASES
2025:KER:26721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4243 OF 2025
CRIME NO.590/2024 OF MAYYIL POLICE STATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1667 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.HRITHWIK C.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 4
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CONNECTED CASES
2025:KER:26721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4244 OF 2025
CRIME NO.642/2024 OF MAYYIL POLICE STATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1678 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.HRITHWIK C.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 5
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CONNECTED CASES
2025:KER:26721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4245 OF 2025
CRIME NO.657/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1666 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.HRITHWIK C S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 6
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2025:KER:26721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4246 OF 2025
CRIME NO.677/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1684 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS,
PANAYAMBALAM, THAZHUTHALA,
KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.NOUSHAD K.A. - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 7
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4247 OF 2025
CRIME NO.292/2024 OF PINARAYI POLICE STATION, KANNUR,
AGAINST THE ORDER DATED 18.03.2025 IN CMP NO.1240 OF 2025
OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,THALASSERY
PETITIONER/4TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS,
PANAYAMBALAM, THAZHUTHALA,
KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.NOUSHAD K.A.- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 8
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4248 OF 2025
CRIME NO.344/2024 OF PINARAYI POLICE STATION, KANNUR,
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1683 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/5TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.NOUSHAD K.A.- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 9
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4249 OF 2025
CRIME NO.388/2024 OF PINARAYI POLICE STATION, KANNUR,
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1674 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.NOUSHAD K.A - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 10
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2025:KER:26721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4250 OF 2025
CRIME NO.702/2024 OF Thalassery Police Station, Kannur
AGAINST THE ORDER DATED IN 14.02.2025 BAIL APPL.
NO.1676 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/5TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.NOUSHAD K.A - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 11
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4251 OF 2025
CRIME NO.733/2024 OF Mattannur Police Station, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1668 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.HRITHWIK C.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 12
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4252 OF 2025
CRIME NO.744/2024 OF MATTANNUR POLICE STATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1673 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/6TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.HRITHWIK C.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 13
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4253 OF 2025
CRIME NO.664/2024 OF PAYYANNUR POLICE STATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1672 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/5TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM,
THAZHUTHALA, KOTTIYAM.P.O.,
KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.HRITHWIK C.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 14
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
BAIL APPL. NO. 4254 OF 2025
CRIME NO.665/2024 OF PAYYANNUR POLICE STATION, KANNUR
AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL.
NO.1675 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/4TH ACCUSED:
NIMI.I
AGED 34 YEARS
W/O MOHAMMED SIYAD, EROSS,
PANAYAMBALAM, THAZHUTHALA,
KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571
BY ADVS.
P.V.ANIL
M.REVIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.HRITHWIK C.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4241 OF 2025 15
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P.V.KUNHIKRISHNAN, J
--------------------------------------
B.A.Nos.4241, 4242, 4243, 4244, 4245,
4246, 4247, 4248, 4249, 4250, 4251, 4252,
4253 & 4254 of 2025
-------------------------------------------------------
Dated this the 28th day of March, 2025
COMMON ORDER
These Bail Applications are filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita. 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. Petitioner is the accused in Crime Nos.702 of 2024 of
Thalassery Police Station, 664 & 665 of 2024 of Payyannur
Police Station, 733, & 744 of 2024 of Mattannur Police
Station, 590 & 642 of 2024 of Mayyil Police Station, 292, 344,
& 388 of 2024 of Pinarayi Police Station and Crime Nos.677,
657, 589 & 585 of 2024 of Chakkarakkal Police Station,
registered alleging offences punishable under Sections 406,
420, 468, 471, 465 & 34 of IPC and in Crime No.642 of 2024,
the alleged offences are under Sections 318, 338, 61 and 3(5)
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of the Bharatiya Nyaya Sanhita (BNS), 2023. Petitioner was
arrested on 12.03.2025 and she is in custody.
3. The prosecution case in all these cases are
similar. It is alleged that the accused in these cases deceived
the defacto complainants by falsely promising a job in Indian
Railways and thus collected huge amount. It is the
prosecution case that some amount is credited to the account
of the petitioner also.
4. Heard counsel for the petitioner and the
Public Prosecutor.
5. The counsel for the petitioner submitted that
the petitioner surrendered before the Investigating Officer as
directed by this Court in Annexure A3 order and after
interrogation, she was arrested on 12.03.2025. The counsel
submitted that the petitioner is a lady and her husband is
suffering from different illness. She is ready to co-operate
with the investigation, indefinite incarceration of the
petitioner is not necessary. It is also submitted that the
interrogation is already over.
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6. Public Prosecutor opposed the bail
application. The Public Prosecutor submitted that huge
amount is credited to the account of the petitioner and she is
also involved in the scam.
7. This Court considered the contention of the
petitioner and the Public Prosecutor. It is true that the
allegations against the petitioner is very serious. It is
surprising to see that people are paying huge amount for
getting back door appointment to strangers. It is fundamental
that an appointment in Railway will be done only through the
procedure prescribed by the Railway Recruitment Board.
How this defacto complainants paid this huge amount to
strangers for getting appointment in the Railway is
surprising. I don't want to make an observation about the
same. Arrest of the petitioner is recorded in all these cases.
She is in custody from 12.03.2025.
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
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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, 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
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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 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
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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 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 this
case, this Bail Application is 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
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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
her 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. The observations and findings in this
order is only for the purpose of deciding
this bail application. The principle laid
down by this Court in Anzar Azeez v. State
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of Kerala [2025 SCC OnLine KER 1260]
is applicable in this case also.
6. 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
MSA
