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Kerala High Court
Ramseena vs State Of Kerala on 31 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:8147
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BAIL APPL. NO. 14235 OF 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
BAIL APPL. NO. 14235 OF 2025
CRIME NO.711/2025 OF BADIADUKKA POLICE STATION, KASARGOD
AGAINST THE ORDER DATED 21.10.2025 IN CRMC NO.1553 OF
2025 OF SESSIONS COURT, KASARAGOD
PETITIONERS/ACCUSED NOS. 1 & 2:
1 RAMSEENA
AGED 35 YEARS, SPOUSE OF SAIFUDDEEN
RESIDING AT DHARUL SHIFA MAHAL,
CHOORIPPALLAM, NELLIKATTA,
KASARAGOD DISTRICT, PIN - 671541
2 THARZANA @ ZAINABATH THARZANA
AGED 32 YEARS, SPOUSE OF SENAPH A.B.
RESIDING AT BEEJANTHADKA HOUSE,
PERDALA P.O., BADIADKA,
KASARAGOD DISTRICT, PIN - 671551
BY ADVS.
SHRI.GODWIN JOSEPH
SHRI.VINOD.R
2026:KER:8147
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BAIL APPL. NO. 14235 OF 2025
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
THROUGH THE STATION HOUSE OFFICER,
BADIADKA POLICE STATION,
KASRAGOD DISTRICT, PIN - 682031
OTHER PRESENT:
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 14235 OF 2025
ORDER
This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-
arrest bail.
2. The applicants are the accused Nos.1 and 2 in Crime
No.711/2025 of Badiadka Police Station, Kasargod District. The
offence alleged is punishable under Section 318(4) r/w Section
3(5) of BNS, 2023.
3. The prosecution case, in short, is that applicants along
with other accused in furtherance of their common intention,
deceived the defacto complainant, induced her to deposit huge
amount in a company named GDCL ensuring good profit and
accordingly the defacto complainant has deposited a sum of
Rs.34,44,910/- in the account of the company during the period
from June, 2024 to October, 2024 but no amount has been
returned and thereby committed the offence.
4. I have heard Sri.Godwin Joseph, the learned counsel
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BAIL APPL. NO. 14235 OF 2025
for the applicants and Sri.K.A.Noushad, the learned Senior Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that
the applicants are innocent and have been falsely implicated in
the above crime. The counsel further submitted that no materials
are on record to connect the applicants with the alleged crime;
hence, they are entitled to get bail. The learned Senior Public
Prosecutor, on the other hand, submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicants, and if they are released on bail at this stage, it will
affect the course of the investigation.
6. A reading of the FIS would show that the applicant No.1
and the defacto complainant were schoolmates. They met after a
longtime. At that time, the defacto complainant told the applicant
No.1 that, she was having fund with her and she wants to invest it
somewhere. The applicant No.1 represented her that she can
invest the fund to one GDCL company which would provide a
decent profit. Accordingly, she introduced the defacto
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BAIL APPL. NO. 14235 OF 2025
complainant to the applicant No.2. Thereafter, as instructed by
the applicant No.2, the defacto complainant transferred a total
sum of Rs.34,44,910/- in the account of three persons including
the accused No.3. Thus, the role attributed to the applicant No.1
is that, she only introduced the defacto complainant to the
applicant No.2. However, there is a specific allegation against the
applicant No.2, that she received the money from the defacto
complainant through the remaining accused. Hence, I am of the
view that the custodial interrogation of the applicant No.2 is
necessary. Since no serious overt act has been alleged against the
applicant No.1, I am of the view that the she can be granted
anticipatory bail. For these reasons, I find this to be an
appropriate case to grant pre-arrest bail to the applicant No.1.
In the result, the application is allowed in part on the
following conditions:-
(i) The applicant No.1 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
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BAIL APPL. NO. 14235 OF 2025
satisfaction of the arresting officer/investigating officer, as the
case may be.
(ii) The applicant No.1 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 No.1 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 No.1 shall not commit any offence of a
like nature while on bail.
(v) The applicant No.1 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 No.1 shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail
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BAIL APPL. NO. 14235 OF 2025
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
AS
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BAIL APPL. NO. 14235 OF 2025
APPENDIX OF BAIL APPL. NO. 14235 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR DATED 25.09.2025
IN CRIME NO. 711/2025 OF BADIADKA POLICE
STATION
ANNEXURE A2 THE CERTIFIED COPY OF THE ORDER DATED
21.10.2025 IN CRIMINAL M.C. NO. 1553/2025
OF THE HON'BLE SESSIONS COURT, KASARAGOD.
ANNEXURE A3 A TRUE COPY OF THE F.I. STATEMENT GIVEN
ON 25.09.2025 IN CRIME NO. 711/2025 OF
BADIADKA POLICE STATION
ANNEXURE A4 A TRUE COPY OF THE LEGAL NOTICE DATED
03.03.2025 ISSUED ON BEHALF OF THE 2ND
PETITIONER
