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2025 Supreme(Online)(Ker) 44218
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
KAVITHA. S – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application | B.A. No. 10060 of 2025 | Crime No. 1077/2025
For the Appellants/Petitioners: SRI.K.K.DHEERENDRAKRISHNAN, SMT.N.P.ASHA, SRI.JOSEPH SEBASTIAN (KOLLAM)
For the Respondents: SMT. SREEJA V., PUBLIC PROSECUTOR
Courts must consider the role of the accused and medical conditions when evaluating bail applications, balancing the need for justice against health implications.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Petitioner, accused in a financial fraud case, seeks anticipatory bail citing medical grounds and lack of involvement in the alleged offences relating to 2024 events - The court considers the health conditions and role attributed to the applicant. (Paras 1, 9, 11)
(B) Bail Application - When evaluating a plea for anticipatory bail, factors such as nature of charges, severity of consequences, and role of the accused must be considered. (Para 9)
Facts of the case:
The petitioner, previously involved in a cooperative society, claims no recent involvement due to health issues, while the prosecution asserts connection to multiple ongoing fraud cases.
Findings of Court:
The applicant's serious illness makes custodial interrogation detrimental to health, warranting pre-arrest bail conditions.
Issues: Whether the petitioner's earlier resignation is sufficient to negate involvement in alleged crimes from 2024 onwards.
Ratio Decidendi: The court holds that the petitioner's serious health condition and prior resignation from the society mitigate against custodial interrogation, thus granting bail under specific conditions.
Result: Bail application allowed.
| Table of Content |
|---|
| 1. petitioner is accused in a financial fraud case. (Para 2 , 3) |
| 2. petitioner's medical reasons and past resignation are highlighted. (Para 5) |
BECHU KURIAN THOMAS, J.
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B.A. No. 10060 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 10th accused in Crime No.1077 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.22,25,000/- from the defacto complainant as fixed deposit from 2024 onwards, 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 Smt. Sreeja V., 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 2024 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 2024 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. In Sushila 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 to be imposed
