IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SOWMYA S GOVINDARAJ – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 924 OF 2026 | BAIL APPL. NO. 925 OF 2026 | BAIL APPL. NO. 929 OF 2026 | BAIL APPL. NO. 931 OF 2026
| Table of Content |
|---|
| 1. summary of facts concerning the bail applications and the charges against the applicant. (Para 1 , 2 , 3) |
| 2. arguments presented by both the applicant's counsel and the prosecution. (Para 4 , 5) |
ORDER
All these applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.
2. The applicant in B.A. No.924/2026 is the accused No.4 in Crime No.882/2025; the applicant in B.A. No.925/2026 is the accused No.3 in Crime No.1168/2025; the applicant in B.A. No.929/2026 is the accused No.1 in Crime No.421/2025 and the applicant in B.A. No.931/2026 is the accused No.4 in Crime No.1432/2024 of Vadakkancherry Police Station, Palakkad District. The offences alleged in all the crimes are punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code and Section 3 read with Section 21, Section 4 read with Section 22 and Section 5 read with Section 23 of the Banning of Unregulated Deposit Schemes Act , 2019 (BUDS Act).
3. The prosecution case, in short, in all the cases, is that the respective defacto complainants deposited money in the Finspot India Nidhi Ltd., but failed to return the deposited amount or interest and thereby committed the offences.
4. I have heard Sri. V.A. Vinod, the learned counsel for the applicant, Sri. M.C.Ashi, Sri. K.A.Noushad and Smt. Sreeja V., the learned Senior Public Prosecutors. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to bail. The learned Senior Public Prosecutors, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if she is released on bail at this stage, it will affect the course of the investigation.
6. The applicant is only the Manager of the company.
She did not receive any money from the customers. The investigation is almost over. The Directors and the Managing Directors were already granted pre-arrest bail by this Court. Considering the allegations made against the applicant, her custodial interrogation seems unnecessary. For these reasons, I find these to be appropriate cases to grant pre-arrest bail to the applicant.
In the result, the applications are allowed on the following conditions:-
(i) The applicant shall be released on bail in the event of her arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) in each case with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/-
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