SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 56849

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
G SATHYAKALA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 12776 OF 2025 | CRIME NO.437/2025



Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH, SRI.P.SANTHOSHKUMAR, SHRI.SHAMEEM S., SMT.R.K.CHIRUTHA, SMT.ANJANA SURESH.E, SMT.REETHU JACOB, SMT.LIDHIYA GEORGE, SMT.HASNA JABIL, SMT.ANJITHA S.
For the Respondents: SMT.M K PUSHPALATHA, SR PP

Anticipatory bail denied due to serious allegations of cheating and insufficient grounds for protection under the applicable provision.

Headnote:The application seeking anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pertains to accusations of cheating involving alleged inducement for Visa procurement. The petitioner, accused No. 1, has been alleged to conspire with co-accused and cheat complainants out of Rs.4,78,500/- each without fulfilling Visa obligations. The court found insufficient grounds for bail considering nature of alleged offenses and dismissed the application. Critical issues included the legitimacy of bail regarding the serious nature of the allegations, with the court concluding that the petitioner was not entitled to protection under the relevant legal provisions. The application was dismissed based on the findings derived from the Case Diary provided to the court and the arguments presented by both sides.

Table of Content
1. accusations involve cheating through visa procurement. (Para 1 , 2 , 3)
2. opposition to bail based on innocence claims. (Para 4 , 5 , 6)
3. court's findings on grounds for bail. (Para 7)
4. final decision on bail application. (Para 8)

K.BABU, J.

--------------------------------------

B.A No.12776 of 2025 ---------------------------------------

Dated this the 28th day of October, 2025 O R D E R This is an application seeking anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is accused No.1 in Crime No.437/2025 of Kudiyanmala Police Station. The offences alleged against the petitioner are punishable under Sections 3 18 (4) and 316(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ).

3. The prosecution case as narrated in Anx.A2 order reads thus:

“That during the period 10.05.2024 to 04.11.2024, the accused together, in furtherance of their common intention of cheating, had induced the defacto complainants to deliver cash Rs.4,78,500/- each by offering Visa to Canada. The defacto complainant has paid the full amount by five instalments. But, till date, the accused has neither arranged the Visa nor returned the money.(sic)”

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations levelled against her.

6. The learned Public Prosecutor opposed the bail plea of the petitioner.

7. I have gone through the Case Diary, which reveals that the petitioner along with accused Nos.2 and 3 cheated the victims by offering Visa to Canada and received a sum of Rs.4,78,500/- from each.

8. Having regard to the nature of the allegations, this Court feels that the petitioner is not entitled to the protection under Section 482 of the BNSS .

Therefore, the Bail Application stands dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top