Citation : 2025 Latest Caselaw 9343 Ker
Judgement Date : 6 October, 2025
BAIL APPL. NO. 12236 OF 2025
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2025:KER:73246
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
BAIL APPL. NO. 12236 OF 2025
CRIME NO.744/2024 OF MATTANNUR POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED 13.08.2025 IN BAIL APPL.
NO.9220 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/7TH ACCUSED :
MADHUSOODHANAN.P.K.,AGED 60 YEARS
S/O. A.C. GOVINDAN NAMBIAR, HOUSE NO. 429/407,
KASTURBA NAGAR, GURUVAYOOR (P.O),
THRISSUR DISTRICT,, PIN - 680 101.
BY ADVS. SRI.R.BINDU (SASTHAMANGALAM)
SRI.G.RAJAGOPAL (KUMMANAM)
SHRI.AJAY T.S.
RESPONDENT/COMPLAINANT-STATE :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682 031.
PP-SMT.SREEJA.V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 12236 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.12236 of 2025
...................................................
Dated this the 6th day of October, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the seventh accused in Crime No.744 of 2024 of Mattannur
Police Station, Kannur, registered for the offences punishable under Sections
406, 419, 420, 468 and 471 r/w Section 34 of the Indian Penal Code, 1860.
3. The prosecution case is that, the accused had collected a large amount of
money, promising to provide employment in the Railway Recruitment Board,
Chennai, and thereafter failed to provide the employment or return the
amount, and thereby committed the offences alleged. Petitioner was
arrested on 11.09.2025 and he has been in custody since then.
4. Heard Sri.R.Bindu Sasthamangalam the learned Counsel for the petitioner
as well as Sri.Noushad K.A., the learned Public Prosecutor.
5. The learned Counsel for the petitioner contended that the prosecution
allegations are false and that since petitioner has been in custody from
11.09.2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted
that petitioner ought not to be released on bail. BAIL APPL. NO. 12236 OF 2025
2025:KER:73246
7. Though the allegations are serious, in some of the other cases registered
against the petitioner alleging offences of a similar nature, he was granted
anticipatory bail by this Court after observing that the petitioner had only
introduced some of the accused to the defacto complainant. This court was
prima facie satisfied, in those cases, that petitioner had not received any
benefit from the alleged transactions. Though in the instance case, this
Court had declined anticipatory bail to the petitioner since he has been in
custody from 11.09.2025, I am of the view that further custody is not
necessary. Therefore, petitioner is entitled to be released on bail.
8. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him 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.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
In case of violation of any of the above conditions, or for modification or
deletion of any of the conditions, the jurisdictional Court shall be empowered
to consider such applications, if any, and pass appropriate orders in
accordance with the law, notwithstanding the bail having been granted by
this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/06/10/2025 BAIL APPL. NO. 12236 OF 2025
2025:KER:73246
APPENDIX OF BAIL APPL. 12236/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE COMPLAINT GIVEN BY THE DEFACTO COMPLAINANT ANNEXURE 2 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 05.10.2024 IN CRIME NO. 744/2024 OF MATTANNORE POLICE STATION ANNEXURE 3 TRUE COPY OF THE ORDER DATED 25.07.2025 IN CRL.M.C NO. 1059/2025 PASSED BY THE SESSIONS COURT, THALASSERY ANNEXURE 4 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN BAIL APPLICATION NO. 9220/2025 DATED 13.08.2025 ANNEXURE 5 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT BAIL APPLICATION NO. 10637/2025 DATED 27.08.2025 ANNEXURE 6 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT BAIL APPLICATION NO. 10643/2025 DATED 27.08.2025 ANNEXURE 7 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT BAIL APPLICATION NO. 10647/2025 DATED 27.08.2025 ANNEXURE 8 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT BAIL APPLICATION NO. 10683/2025 DATED 27.08.2025 ANNEXURE 9 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT BAIL APPLICATION NO. 10701/2025 DATED 27.08.2025 ANNEXURE 10 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT CRL. M. APPLI. NO. 1/2025 IN BAIL APPLICATION NO. 9220/2025 DATED 27.08.2025 ANNEXURE 11 TRUE COPY OF THE ORDER DATED 11.09.2025 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNORE IN C.M.P. NO. 2604/2025 ANNEXURE 12 TRUE COPY OF THE ORDER PASSED BY THE COURT OF SESSIONS, THALASSERY DATED 20.09.2025 IN
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