The court granted bail based on the petitioner's gender and duration of custody, emphasizing the need for fair consideration in bail applications.

ORDER :

C.S.DIAS, J.

The applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, “ BNSS ”) by the same person, who is one of the accused in the below mentioned crimes, which were registered by various Police Stations and now transferred to the CBCID, Pathanamthitta, for allegedly committing the offences punishable under Sections 409, 420 , 120B r/w Section 34 of the Indian Penal Penal Code, 1860 and 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.6356, 6357, 6359, 6361, 6368, 6372 and 6378 of 2025, the petitioner is the 2^nd accused in Crime Nos.1230, 1236, 1286, 1287, 1272, 1271 and 1270 of 2024, respectively; in B.A.Nos.6349, 6350, 6358, 6360, 6362, 6369, 6371, 6376, 6377, 6380, 6381, 6384, 6389, 6390, 6393, 6394, 6397, 6401, 6411, 6412, 6413 and 6415 of 2025, the petitioner is the 3^rd accused in Crime Nos.1228, 1229, 1275, 1274, 1231, 1264, 1146, 1268, 1232, 1145, 1238, 1147, 1239, 1234, 1267, 1149, 1265, 1269, 1150, 1151, 1148 and 1221 of 2024, respectively; and in B.A.Nos.6414 and 6354 of 2025, the petitioner is the 4^th accused in Crime No.1223/2024 and the 5^th accused in Crime No.1233/2024. The petitioner was remanded to judicial custody on 06.02.2025 in one of the crimes and subsequently her arrest was recorded in the other crimes. As the applications are filed by the same accused person, they are consolidated, jointly heard and disposed of by this common order.

2. The common prosecution case is that, the accused persons, to make unlawful gain, hatched a conspiracy and in furtherance of their common intention, had received deposits from the defacto complainants (depositors of the G&G Financiers, earlier known as PRD Nidhi Limited) by falsely promising to pay high rate of interest. However, the accused persons failed to pay any interest and refused to return the deposited amount. Thus, the accused persons have committed the above offences.

3. Heard; the learned Senior Counsel appearing for the petitioner and the learned Public Prosecutors.

4. The learned Senior Counsel for the petitioner submitted that the petitioner has been in judicial custody since 06.02.2025. By orders in B.A.No.4576/2025, 5720/2025 and con. cases, this Court has already enlarged the petitioner on bail. Therefore, the applications may be allowed. The learned Public Prosecutors did not dispute the fact that this Court has already enlarged the petitioner on bail in the above mentioned cases.

5. I have perused 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. This Court, considering that the petitioner is a woman, that she has been in judicial custody since 06.02.2025 onwards and following the principles laid down by the Honourable Supreme Court in Manish Sisodia vs. Directorate of Enforcement [2024 KHC 6426], has enlarged the petitioner on bail. In the light of the orders passed in the above batch of cases, I am of the view that the petitioner is to be enlarged on bail in these bail applications also.

In the result, the 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 crime, with two solvent sureties each for the like sum, to the satisfaction of the jurisdictional court, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer as and when directed;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer;

(iii) The petitioner shall not commit any offence while she is on bail;

(iv) The petitioner shall surrender her passport, if any, before the jurisdictional court in one case and file an affidavit in the other