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Kerala High Court
Sunitha Sunilkumar vs State Of Kerala on 6 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:10762
BAIL APPL. NO. 14894 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
BAIL APPL. NO. 14894 OF 2025
CRIME NO.50/2025 OF CYBER CRIME POLICE STATION, PALAKKAD,
PALAKKAD
PETITIONER/ACCUSED:
SUNITHA SUNILKUMAR
AGED 51 YEARS
WIFE OF SUNILKUMAR, KAREEKUNNEL HOUSE, KAROOR
POST, LALAM, KOTTAYAM DISTRICT. PROPRIETOR OF ARS
TRADING, PALA 333/22, MUNDAMATTOM BUILDING,
ARUNAPURAM, PALA, KOTTAYAM DISTRICT, PIN - 686575
BY ADV SRI.C.C.ANOOP
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, COCHIN, PIN - 682031
2 THE STATION HOUSE OFFICER
CRIME POLICE STATION, PALAKKAD DISTRICT, PIN -
678014
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:10762
BAIL APPL. NO. 14894 OF 2025
2
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 sole accused in Crime
No.50/2025 of Cyber Crime Police Station, Palakkad District. The
offences alleged are punishable under Sections 316(2) and 318(4)
of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 66D of
the Information Technology Act, 2000.
3. The prosecution case, in short, is that the
applicant, with the intention to cheat the de facto complainant
and to fraudulently obtain money, contacted him through social
media by falsely promising that he could earn huge profits
through online trading. Believing such representations, the de
facto complainant, during the period from 08.07.2025 to
02.09.2025, transferred a total amount of ₹42,35,925/- (Rupees
Forty Two Lakh Thirty Five Thousand Nine Hundred and Twenty
Five only), in several instalments, to various bank accounts as
directed by the applicant. Thereafter, the applicant neither paid
the promised profits nor returned the amounts so transferred,
thereby cheating the de facto complainant.
2026:KER:10762
BAIL APPL. NO. 14894 OF 2025
4. I have heard Sri. C.C. Anoop, the learned counsel
for the applicant and Sri. M.C. Ashi, 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 alleged crime;
hence, she is entitled to bail. The learned 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. There are prima facie materials to show the
involvement of the applicant in the crime. The investigation
conducted so far reveals that out of ₹42,35,925/- mentioned
above, ₹5,00,000/- was transferred to the account of the
applicant. Further verification of the account details would show
that a sum of ₹2,72,45,441/- has been received in the account of
the applicant. Hence, interrogation of the applicant appears to be
necessary.
The learned counsel for the applicant submits that the
applicant is prepared to surrender before the Investigating Officer.
If the applicant appears before the investigating officer within
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BAIL APPL. NO. 14894 OF 2025
seven days from today, the investigating officer shall interrogate
her and after interrogation if the investigating officer forms an
opinion that the applicant is to be arrested, the investigating
officer shall record the arrest of the applicant and produce her
before the jurisdictional Magistrate. The bail application if any
moved by the applicant shall be disposed of by the learned
Magistrate, in accordance with law, as far as possible on the same
day itself. A copy of the bail application shall be given to the
learned Public Prosecutor concerned in advance.
The bail application is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
SPV
2026:KER:10762
BAIL APPL. NO. 14894 OF 2025
APPENDIX OF BAIL APPL. NO. 14894 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.50/2025 OF CYBER
CRIME POLICE STATION, PALAKKAD DISTRICT
ANNEXURE A2 THE TRUE COPY OF THE PROJECT REPORT ON
SLAUGHTERHOUSE BUSINESS OF ARS TRADING
ANNEXURE A3 THE TRUE COPY OF THE MUTUAL TRADE
AGREEMENT BETWEEN THE PETITIONER AND THE
LEGACY LOANS PRIVET LTD
ANNEXURE A4 THE TRUE COPY OF THE COMPLAINT DATED
15.9.2025 SUBMITTED BY THE PETITIONER
BEFORE THE CHIEF MINISTER OF KERALA
ANNEXURE A5 THE TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.2076/2025 OF PALA
POLICE STATION, KOTTAYAM DISTRICT
ANNEXURE A6 THE TRUE COPY OF THE ACCOUNT STATEMENT
OF AC NO. 33020200000188 OF BANK OF
BARODA PALA BRANCH
ANNEXURE A7 THE TRUE COPY OF THE BAIL ORDER DATED
4.12.2025 IN CRLMP NO. 5895/2025 IN
CRIME NO. 43/2025 OF CYBER CRIMES TG
CYBER SECURITY BUREAU, HYDERABAD PASSED
BY THE COURT OF THE IV ADDITIONAL
SESSIONS JUDGE, HYDERABAD
ANNEXURE A8 THE TRUE COPY OF THE DEATH CERTIFICATE
OF FATHER OF THE PETITIONER ISSUED BY
THE MALLIGA HEALTH CARE
ANNEXURE A9 THE TRUE FREE COPY OF THE ORDER DATED
1.12.2025 IN CRL.M.C. NO. 4926/2025 IN
CRIME NO. 50/2025 OF CYBER CRIME POLICE
STATION, PALAKKAD DISTRICT, PASSED BY
THE HON'BLE COURT OF SESSIONS, PALAKKAD
DIVISION
