IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J.
Sindhu V. Nair, W/o. Gopalakrishnan Nair – Petitioner
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
B.A.Nos.6847 Of 2025, 6800 Of 2025, 6801 Of 2025, 6802 Of 2025, 6805 Of 2025, 6808 Of 2025, 6846 Of 2025, 6848 Of 2025, 6849 Of 2025, 6852 Of 2025, 6853 Of 2025, 6855 Of 2025 & 6857 Of 2025
Decided On : 30-05-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 409, 420, 120B r/w Section 34 - Banning of Unregulated Deposit Schemes Act, 2019 - Petitioner seeks regular bail in multiple cases involving similar allegations of conspiracy and unlawful gain through fraudulent deposit schemes. (Paras 1-4)
(B) Bail - Considerations for granting bail - The court considered the petitioner's status as a woman and her duration of judicial custody, referencing the principles established in Manish Sisodia v. Directorate of Enforcement [2024 SCC Online SC 1920]. (Paras 6-7)
Facts of the case:
The petitioner is accused in various crimes related to fraudulent deposit collection from complainants, promising high interest rates but failing to return deposits. She has been in custody since 06.02.2025.
Findings of Court:
The court found no reasons to deny bail, given the petitioner’s previous bail grants in connected matters.
Issues: The main issues included the appropriateness of bail given the nature of the charges and the petitioner’s circumstances.
Ratio Decidendi: The court ruled that the petitioner should be granted bail based on her status and prior judicial decisions favoring her release.
Result: Applications allowed, directing the petitioner to be released on bail under specified conditions.
ORDER :
(BECHU KURIAN THOMAS, J.)
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 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 and 5,4,23, 3 and 21 of the Banning of Unregulated Deposit Schemes Act , 2019. B.A.Nos.6847/2025, 6800/2025, 6801/2025, 6802/2025, 6805/2025, 6808/2025, 6846/2025, 6848/2025, 6849/2025, 6852/2025, 6853/2025, 6855/2025 & 6857/2025, arises out of Crime Nos. 872, 849, 848, 847, 846, 845, 569, 842, 871, 570, 870, 833 and 569 of 2024 respectively, and petitioner is the 2nd accused in B.A.Nos. 6849 & 6853 of 2025 and she is the 3rd accused in all other bail applications. Petitioner was arrested in all the above cases on 14.03.2025 except in B.A.No.6846 of 2025, 6853 of 2025 and 6852 of 2025, in which petitioner was arrested on 20.03.2025.
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 as well and by orders in B.A.Nos.4576/2025, 5720/2025 and connected cases, this Court has already enlarged the petitioner on bail. Considering the fact that the petitioner is a woman and also considering the fact that she has actually 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.
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 as well, 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 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) Petitioner shall not commit any offence while she is on bail;
(iv) Petitioner shall surrender her passport, if any, before the jurisdictional court and if already surrendered, shall file an affidavit to that effect. If she has no passport, she shall file affidavits to that effect before the jurisdictional court on the date of execution of the bond;
(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any f
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 to the petitioner, considering her gender and duration of custody, as no reasons were presented to deny bail.
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 based on the petitioner's gender and duration of custody, emphasizing the need for fair consideration in bail applications.
Bail is a fundamental right, hinging on the investigation's status and personal liberty, with strict conditions imposed to ensure presence at trial.
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....
Bail is the rule and jail is the exception; indefinite incarceration is not warranted when similar allegations have previously resulted in bail.
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