Bail is a fundamental right, hinging on the investigation's status and personal liberty, with strict conditions imposed to ensure presence at trial.

K.BABU, J.

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B.A. Nos.13623, 13626, 13630, 13634 & 13636 of 2025 ------------------------------------------------------------

Dated this the 2^nd day of December, 2025

COMMON ORDER

These are applications seeking regular bail, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is common in all these cases. She is accused No.4 in Crime No.1148 of 2024, accused No.5 in Crime Nos.1170 of 2024, 1503 of 2024 and 1165 of 2024, and accused No.2 in Crime No.928 of 2024 respectively. All the crimes have been registered by the Chingavanam Police Station, Kottayam for the offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code and Sections 21 and 23 of the Banning of Unregulated Deposit Schemes Act (BUDS Act), 2019.

3. The prosecution case is as follows :-

The petitioner, along with her husband (A1 – A.J.Sajith), two sons, Abhijith S. and Abhishek S. and the mother of A1, who were partners of the firm named M/s Kelamangalam Financiers and Investors, accepted unregulated deposits from the additional second respondents/defacto complainants. Hundreds of persons including the defacto complainants made deposits believing the promise that exorbitant rates of interest would be paid. The petitioner and the other accused, in furtherance of a criminal conspiracy, committed fraudulent default by failing to repay the principal amount and the promised interest. They obtained wrongful gain to the tune of Crores of rupees, causing wrongful loss to the defacto complainants and other members of the public.

4. The petitioner voluntarily appeared before the Investigating Officer on 10.02.2025 in connection with Crime No.1170 of 2024. She was released on bail on the same day by the Investigating Officer. Thereafter, the petitioner again appeared before the Investigating Officer on 17.02.2025, 24.02.2025, 03.03.2025 and 10.03.2025. She was interrogated by the Investigating Officer.

5. The petitioner had earlier filed Bail Application Nos.912, 914, 916, 918, 919, 920 and connected cases seeking anticipatory bail before this Court. By a common order dated 04.02.2025, the bail applications were allowed granting pre-arrest bail to the petitioner. Pursuant to the said order, the petitioner appeared before the Investigating Officer and she was released on bail on the same day.

6. Challenging the grant of pre-arrest bail to the petitioner, the defacto complainants filed Special Leave Petition (Crl.) Nos.6677, 6678, 6679, 6680 and 6681 of 2025 before the Hon’ble Supreme Court. The Supreme Court, by order dated 13.10.2025, cancelled the pre-arrest protection granted to the petitioner.

7. Pursuant to the order of the Hon’ble Supreme Court, the petitioner surrendered before the Investigating Officer on 22.10.2025. She filed Crl.M.C. Nos.1435/2025, 1436/2025, 1437/2025, 1438/2025 and 1439/2025 seeking regular bail before the Designated Court under the BUDS Act along with an application for interim bail. The Designated Court dismissed the bail applications and remanded her to judicial custody.

8. She has been in judicial custody since 22.10.2025.

9. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the defacto complainants.

10. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against her and she has been falsely implicated in the crime. It is submitted that she is fully co-operating with the investigation. The learned counsel