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2025 Supreme(Online)(Ker) 43187
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Kavitha. S – Appellant
Versus
State of Kerala – Respondent
Bail Application No. 10054 of 2025
For the Appellants/Petitioners: Sri.K.K.Dheerendrakrishnan, SMT.N.P.ASHA, Sri.JOSEPH SEBASTIAN
For the Respondents: Nooshad K. A.
The court emphasized that in bail applications, consideration should hinge on the severity of alleged crimes, health issues of the accused, and that anticipatory bail is a matter of judicial discretion.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bail application filed by 9th accused in a case of financial fraud involving failure to refund deposits promised with high interest - The applicant claimed to have resigned prior to the alleged offences and cited serious health issues. (Paras 1-12)
(B) Anticipatory Bail - Method of consideration - Courts should consider the nature of the offenses and the role of the accused in their discretion while deciding on anticipatory bail applications, where additional scrutiny of the prosecution's need for custodial interrogation is necessary. (Paras 9-10)
Facts of the case:
The accused collected significant amounts promising returns, failing to deliver, and later claimed a genuine resignation and health issues during the investigation.
Findings of Court:
The court considered the chronic illness of the petitioner and nature of allegations, granting pre-arrest bail under conditions.
Issues: The primary issue revolves around the applicant’s claimed resignation and health deficiencies vs. the necessity for custodial interrogation.
Ratio Decidendi: The court emphasized discretion in bail matters, considering health and roles significantly.
Result: Bail application granted with conditions.
| Table of Content |
|---|
| 1. accused allegedly failed to refund deposits. (Para 2 , 3) |
| 2. defensive arguments cite resignation and health issues. (Para 5) |
BECHU KURIAN THOMAS, J.
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B.A. No. 10054 of 2025 ---------------------------------------
Dated this the 24th day of September, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2. Petitioner is the 9th accused in Crime No.984 of 2025 of Irinjalakuda Police Station, Thrissur, alleging offences punishable under Sections 3 16 (2) and 318(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.
3. According to the prosecution, the accused, who are the Chairman and Director of Viswadeepthi Multistate Agri Co-operative Society Ltd., had collected an amount of Rs.4,40,000/- from the defacto complainant as fixed deposit during the period of October 2021 and May 2022, promising high rate of interest, and thereafter failed to pay the interest or return the amount, and thereby committed the offences alleged.
4. I have heard Sri. K. K. Dheerendrakrishnan, the learned counsel for the petitioner as well as Sri. Noushad K. A., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the prosecution allegations are false and the petitioner has no role in the alleged crime. It was also submitted that the petitioner had, due to medical reasons, resigned from the Society as early as on 15.03.2020, as evident from Annexure-II, and thereafter, she has no involvement in the functioning of the society. The learned counsel further submitted that the present crime, which relates to the period from 2021 onwards, cannot under any circumstances implicate her as an accused. It was further submitted that petitioner is suffering from a severe illness diagnosed as multiple sclerosis, and she has undergone several treatments from the year 2014 onwards, in 2020, there was an acute relapse, and she is now under a disability of 85% as certified by the General Hospital, Thiruvananthapuram. It was submitted that considering her illness, directing the petitioner to undergo custodial interrogation will be highly detrimental to her health.
6. The learned Public Prosecutor submitted that altogether
180 crimes have been registered under various Police Stations against the Society, and petitioner is arrayed as an accused in 18 crimes before the Irinjalakuda Police Station. It was further pointed out that custodial interrogation of the petitioner is necessary. 7. I have considered the rival contentions.
8. Petitioner claims to have resigned from the Society in the year 2020. The present allegations relate to the period 2021 onwards. Though the date of resignation is a matter to be considered during the course of investigation, petitioner cannot be protected merely on the ground of the said alleged resignation. However, the documents produced by the petitioner from Annexure-III to Annexure-V indicate that petitioner is suffering from a serious illness called Multiple Sclerosis and is under a disability of 85%. The illness suffered by the petitioner is stated to be a chronic autoimmune disease, where the immune system attacks the nerve cells in the brain and spinal cord causing damage to the nerve signals, leading to various neurological issues, including vision problems, weaknesses and bodily imbalances. The said symptoms are reflected in the disability certificate, where petitioner is certified to be 60% blind and have a locomotor disability of 25%, which has affected the brain.
9. InSushila Aggarwal and Others v. State (NCT of Delhi) and Another, [2020 (5) SCC 1] , it was held that while considering whether to grant anticipatory bail or not, Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case. Grant of anticipatory bail is a matter of discretion and the kind of conditions
