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Kerala High Court
Bindu vs State Of Kerala on 6 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:30051
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
BAIL APPL. NO. 1761 OF 2026
CRIME NO.708/2025 OF KASABA POLICE STATION, PALAKKAD,
PALAKKAD
AGAINST THE ORDER DATED IN CRMC NO.5020 OF 2025 OF DISTRICT
COURT & SESSIONS COURT / RENT CONTROL APPELLATE AUTHORITY,
PALAKKAD
PETITIONER/ACCUSED NO.2:
BINDU
AGED 54 YEARS
W/O HARISH, VILLA NO.11, USHUS VICTORIA,
PRIYADARSHINI NAGAR GATE 2, KODUNTHIRAPULLY,
PALAKKAD, PIN - 678018.
BY ADVS.
SRI.NAVANEETH.N.NATH
SMT.ABHIRAMI S.
SHRI.ABDUL LATHEEF P.M.
SMT.KRUPA SAJI
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 1761 OF 2026 2
2026:KER:30051
ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicant is the accused No.2 in Crime
No.708/2025 of Kasaba Police Station, Palakkad District. The
offences alleged are punishable under Sections 316(2), 318(4) and
351(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for
short, BNS).
3. The prosecution case, in short, is that during the
period from 04.12.2022 to 18.06.2025, the applicant, in concert
with other accused persons, persuaded the de facto complainant
to invest money in cryptocurrency trading on the assurance of a
9% return, thereby committing the offences of cheating and
criminal breach of trust and occasioning a cumulative loss of
1,02,74,200/-. It is further alleged that, upon the complainant
seeking the repayment of her money and the return of her gold
ornaments, the accused issued threats, warning that she would be
deprived of her assets and that she and her family would be
falsely implicated in a criminal case. Accordingly, the applicant is
2026:KER:30051
alleged to have committed the aforesaid offences.
4. I have heard Sri.Navaneeth.N.Nath, the learned
counsel for the applicant and Smt.Sreeja V., 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
above crime. The counsel further submitted that no materials are
on record to connect the applicant with the alleged crime; hence,
she is entitled to bail. The learned Senior Public Prosecutor, on the
other hand, submitted that the alleged incident occurred as part
of the applicant's intentional criminal acts, and if she is released
on bail at this stage, it will affect the course of the investigation.
6. The main allegation is against accused No.1. A reading
of the First Information Statement would show that amount was
transferred to the account of the applicant as well, as directed by
accused No.1. Moreover, it is seen that accused No.1 has returned
Rs.39,93,000/- to the defacto complainant. The applicant does not
have any criminal antecedents. Considering the allegations made
against the applicant, her custodial interrogation seems
unnecessary. For these reasons, I find this to be an appropriate
case to grant pre-arrest bail to the applicant.
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In the result, the application is allowed on the following
conditions:-
(i) The applicant shall be released on bail in the
event of her 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 herself 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
Saturday until further orders. She 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.
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(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.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
mea
2026:KER:30051
APPENDIX OF BAIL APPL. NO. 1761 OF 2026
PETITIONER ANNEXURES
Annexure-A A TRUE COPY OF THE FIR IN CRIME NO.
708/2025 DATED 23-10-2025
Annexure - B A TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE SESSIONS COURT, PALAKKAD
DIVISION IN CRIMINAL M.C. NO. 5020/2025
DATED 20-11-2025
Annexure - C A TRUE COPY OF THE ORDER PASSED BY THIS
HONORABLE COURT DATED 31-01-2026 IN BAIL
Annexure - D A TRUE COPY OF THE ORDER PASSED BY THIS
HONORABLE COURT DATED 23-02-2026 IN BAIL
