IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J.
Sindhu V. Nair W/o Gopalakrishnan Nair - Appellant
Versus
State of Kerala - Respondent
Bail Application Nos. 5706, 6158, 6160, 6161, 6162, 6163, 6167, 6171, 6172, 6173, 6175, 6176, 6177, 6178, 6179, 6180, 6182, 6183, 6184 of 2025
Decided On : 19-05-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail applications - Petitioner, accused in multiple crimes, seeks bail - Allegations include offences under IPC and Banning of Unregulated Deposit Schemes Act - Petitioner has been in judicial custody since 06.02.2025 - Previous bail granted in connected matters - No new reasons to deny bail - Petitioner released on bail with conditions. (Paras 1-8)
(B) Bail - Principles for granting bail - Consideration of the accused's gender and duration of custody - Previous bail orders in similar cases support the decision. (Paras 6-7)
ORDER :
1. These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking regular bail.
2. Since petitioner in all these bail applications is the same and as she is an accused in different crimes of a similar nature before various Police Stations which are now pending investigation with the CBCID, Pathanamthitta, these applications are disposed of by this common order.
3. Petitioner along with other accused are alleged to have committed offences punishable under Sections 409, 420, 120B r/w Section 34 of the Indian Penal Penal Code, 1860 apart from Section 3 r/w Section 21 and Section 5 r/w Section 23 of the Banning of Unregulated Deposit Schemes Act, 2019. In B.A. Nos. 5706, 6184, 6160, 6171, 6176, and 6177 of 2025, arising out of Crime Nos. 902, 1285, 1225, 1280, 1279 and 1278 of 2024 respectively, petitioner is the 2nd accused. In B.A.Nos. 6180, 6183, 6163, 6161, 6162, 6167, 6182, 6158, 6179 and 6178 of 2025, arising out of Crime Nos. 1284, 1276, 1273, 1249, 1226, 1250, 1250, 1227, 1224, and 1277 of 2024 along with Crime No.562 of 2025, petitioner is the 3rd accused. Petitioner is the 4th accused in Crime No.1283, 1282 and 1281 of 2024 which has resulted in B.A. Nos. 6175, 6173 and 6172 of 2025. Petitioner was remanded to judicial custody on 06.02.2025 in one of the crimes and subsequently her arrest was recorded in other crimes.
4. The defaco complainants are all depositors of M/s. G&G Financiers, which was earlier known as PRD Nidhi Limited. The prosecution case, which is almost identical in all cases, is that, the accused had with intent to make unlawful gain, conspired with each other and in furtherance of their common intention, collected deposits from the defacto complainants, by falsely promising to pay high rate of interest and thereafter failed to pay any interest and even refused to return the amounts deposited and thereby committed the above offences.
5. I have heard the learned Senior Counsel appearing for the petitioner and the learned Public Prosecutors.
6. Petitioner has been in judicial custody since 06.02.2025.Petitioner was arrested in some of the connected crimes on 06.02.2025 and in the crimes mentioned in this order, the formal arrest was recorded on 06.03.2025. By orders in B.A. Nos. 4576/2025, 5720/2025 and connected cases, this Court has already enlarged the petitioner on bail. The learned Public Prosecutors do not dispute the fact that this Court has already enlarged the petitioner on bail in the above mentioned cases. On a perusal of the orders in B.A. No. 4576/2025 dated 04.04.2025 and the common order in B.A. No. 5720/2025 and connected cases dated 13.05.2025, it is noticed that this Court has already enlarged the petitioner on bail in connected matters, considering that the petitioner is a woman and also considering the fact that she has been in judicial custody since 06.02.2025 onwards. The principles laid down in the decision in Manish Sisodia v. Directorate of Enforcement, 2024 SCC Online SC 1920, was relied upon to direct the petitioner to be released on bail. In B.A. No. 6349 of 2025 and connected cases also this Court had granted bail to the petitioner on 16.05.2025.
7. Since in similar and connected matters, petitioner has already been directed to be released on bail, and as no reasons are pointed out to avoid extending the benefit of bail in these applications also, this Court is of the view that petitioner ought to be released on bail in these applications as well.
8. In the result, these applications are allowed by directing the petitioner to be released on bail in the above mentioned crimes on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) in each of the crimes, with two solvent sureties each for the like sum, to the satisfaction of the jurisdictional court, subject to the following conditions:
(i) Petitioner shall appear before the Investigating Officer as and when directed;
(ii) Petitioner shall not directly or indir
The court emphasized that previous bail grants in similar cases and the petitioner's prolonged custody warranted the extension of bail, highlighting considerations of gender and judicial consistency.
The court granted bail to the petitioner, considering her gender and duration of custody, as no reasons were presented to deny bail.
The court granted bail to the petitioner based on her status as a woman and prior bail decisions in similar cases, emphasizing the need for consistency in judicial treatment.
The court granted bail considering the petitioner's gender, duration of custody, and established legal principles, emphasizing the need for fair treatment in bail applications.
The court granted bail to the petitioner based on her status as a woman and prior judicial custody, emphasizing equal treatment in similar cases.
The court granted bail to the petitioner based on prior bail decisions in similar cases, emphasizing the need for consistent treatment and the absence of reasons to deny bail.
The court granted bail based on the petitioner's gender and duration of custody, emphasizing the need for fair consideration in bail applications.
Bail is the rule and jail is the exception; indefinite incarceration is not warranted when similar allegations have previously resulted in bail.
The court emphasized that bail applications require careful consideration of personal liberty against the needs of police investigation and established trust in the accused to adhere to bail conditio....
The court emphasized the delicate balance between personal liberty and police investigation needs in non-bailable offences, granting bail based on the accused's age and health, while ensuring safegua....
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