High Court of KeralaSingle Judge2023-07-11Bail granted to petitioners with conditions

BAIL APPLICATIONS NOS. 7868/2022, 7869/2022, 7881/2022 and 7883/2022

Case / Petition Number:BAIL APPL. NOS. 7868/2022, 7869/2022, 7881/2022 and 7883/2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2023-07-11
Court Decision / Holding: Bail applications allowed with strict conditions as detailed in the order: appearance before the Investigating Officer within two weeks for interrogation; post-interrogation, if arrest is contemplated, release on bail on bonds of Rs.50,000 with two solvent sureties; continued appearance before the IO on Mondays at 10 a.m. until final report; restrictions on leaving India without jurisdictional court permission; prohibition on committing similar offences; non-compliance may result in cancellation of bail.
Final Disposition: Bail granted to petitioners with conditions

Parties to the Case

Appellants / Petitioners

Nisha
Sreesha K
Abina Riyas
Shihabudheen

Respondents

State of Kerala through Station House Officer Thamarassery Police Station, Kozhikode Rural; KSFE Manager, Atrium Mall, Kakavayal Road, Calicut (KSFE)

Legal Representation & Advocates

Counsels for Petitioners

• C. K. Sreejith

Counsels for Respondents

• Public Prosecutor

Case Synopsis & Summary

These are four connected bail applications filed in the Kerala High Court at Ernakulam concerning allegations of document fabrication to obtain loans against the Kerala State Financial Enterprises (KSFE). Petitioners Nisha, Sreesha K, Abina Riyas, and Shihabudheen contend that detention is unnecessary; the matters have lingered since 2022, with interim protective orders withholding arrests. The State, represented by the Public Prosecutor, informed the court that the investigating officer seeks interrogation and collection of handwriting samples as part of the ongoing inquiry. The court observed that long pendency, in the context of criminal investigations, should not automatically deprive applicants of bail; it can be granted under strict conditions to safeguard the right to a fair trial. Relying on Supreme Court authority in Chidambaram P. v. Directorate of Enforcement, the judge reiterated that bail is the rule and jail is the exception, subject to legitimate safeguards. Accordingly, the court allowed bail with directions: the petitioners must appear before the investigating officer within two weeks for interrogation; if the IO contemplates arrest thereafter, they shall be released on bail on bonds of Rs.50,000 with two solvent sureties; they must appear to cooperate with the investigation, not leave India without court permission, and refrain from committing similar offences; they shall attend regular IO appearances on Mondays at 10 a.m. until the final report. Non-compliance permits cancellation of bail, preserving the investigative process while protecting the accused’s fair-trial rights.

Legal Doctrines & Maxims

Bail is the rule and jail is the exception.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that there is long pendency since 2022 and the nature of the alleged offences does not justify continued detention. They request bail under stringent conditions to secure a fair trial, including surrender for interrogation and compliance with bond requirements, cooperation with investigators, no flight risk, and regular appearance before the investigating officer. They are willing to comply with conditions and not to obstruct the investigation.

Contentions of Respondents

The Public Prosecutor contends that interrogation and handwriting samples are necessary for the ongoing inquiry. While the court should consider the rights of the accused, the investigation must continue; bail could be considered with conditions to protect the integrity of the process and ensure the accused’s availability for interrogation and final reporting.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Chidambaram P. v. Directorate of Enforcement	2019 (16) SCALE 870	Positive	Cited to affirm the principle that bail is the rule and the refusal is the exception to secure a fair trial, guiding the court to grant bail in the present cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 11[TH] DAY OF JULY 2023 / 20TH ASHADHA, 1945 BAIL APPL. NO. 7883 OF 2022 ``` ## **`PETITIONER/S:`** ``` NISHA, AGED 43 YEARS PERUVANGATTIL, KUZHIMANNA P.O., MALAPPURAM, PIN - 673641 BY ADV C.K.SREEJITH ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA THROUGH STATION HOUSE OFFICER THAMARASSERY POLICE STATION, KOZHIKODE RURAL REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2MANAGER KSFE, ATRIUM MALL, KAKAVAYAL ROAD, NEAR BUS STAND, PUDUPPADI P.O., ENGAPUZHA BRANCH, CALICUT, PIN - 673586 ``` ``` BY ADV PUBLIC PROSECUTOR ``` ## **`OTHER PRESENT:`** ``` SMT. MAYA M.N., PP ADV.SALIL NARAYANAN K.A ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2023, ALONG WITH Bail Appl..7868/2022, 7869/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -2- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 11[TH] DAY OF JULY 2023 / 20TH ASHADHA, 1945 BAIL APPL. NO. 7868 OF 2022 ``` ## **`PETITIONER/S:`** ``` SREESHA K AGED 23 YEARS PERUVANGATTIL HOUSE, KOODERI, KUZHIMANNA P.O., MALAPPURAM, PIN - 673641 BY ADV C.K.SREEJITH ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA THROUGH STATION HOUSE OFFICER THAMARASSERY POLICE STATION, KOZHIKODE RURAL REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2MANAGER KSFE, ATRIUM MALL, KAKAVAYAL ROAD, NEAR BUS STAND, PUDUPPADI P.O., ENGAPUZHA BRANCH, CALICUT, PIN - 673586 ``` ``` BY ADV PUBLIC PROSECUTOR ``` ## **`OTHER PRESENT:`** ``` SMT. MAYA M.N., PP ADV.SALIL NARAYANAN K.A ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2023, ALONG WITH Bail Appl..7883/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` TUESDAY, THE 11[TH] DAY OF JULY 2023 / 20TH ASHADHA, 1945 BAIL APPL. NO. 7869 OF 2022 ``` ## **`PETITIONER/S:`** ``` ABINA RIYAS AGED 42 YEARS MATTANTHODUVIL HOUSE, SULTHAN BATHERI, RAHMATH NAGAR, KOZHIKODE RURAL, PIN - 673592 BY ADV C.K.SREEJITH ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA THROUGH STATION HOUSE OFFICER THAMARASSERY POLICE STATION, KOZHIKODE RURAL REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2MANAGER KSFE, ATRIUM MALL, KAKAVAYAL ROAD, NEAR BUS STAND, PUDUPPADI P.O., ENGAPUZHA BRANCH, CALICUT, PIN - 673586 BY ADV PUBLIC PROSECUTOR ``` ## **`OTHER PRESENT:`** ``` SMT.MAYA M.N., PP ADV.SALIL NARAYANAN K.A ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2023, ALONG WITH Bail Appl..7883/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -4- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 11[TH] DAY OF JULY 2023 / 20TH ASHADHA, 1945 BAIL APPL. NO. 7881 OF 2022 ``` ## **`PETITIONER/S:`** ``` 1SHIHABUDHEEN, AGED 36 YEARS KAKKASSERY HOUSE, VALIYACHENAM, CHERPPU P.O. TRISSUR, PIN - 680561 2NIYAS V.T,AGED 33 YEARS S/O. AKBAR V.T., VATTATHODIKA HOUSE, MAMPAD COLLEGE P.O., MALAPPURAM, PIN - 676542 BY ADV C.K.SREEJITH ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA THROUGH STATION HOUSE OFFICER THAMARASSERY POLICE STATION, KOZHIKODE RURAL REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2MANAGER KSFE, ATRIUM MALL, KAKAVAYAL ROAD, NEAR BUS STAND, PUDUPPADI P.O., ENGAPUZHA BRANCH, CALICUT, PIN - 673586 BY ADV PUBLIC PROSECUTOR ``` ## **`OTHER PRESENT:`** ``` SMT. MAYA M.N., PP ADV.SALIL NARAYANAN K.A ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2023, ALONG WITH Bail Appl..7883/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -5- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ============================================================= Dated this the 11[th] day of July, 2023 ## **ORDER** The petitioners in these bail applications are accused Nos.492, 495, 497 and 501 of Thamarassery Police Station, Kozhikode. The above case is registered against the petitioners based on a compliant filed by the Managers of Kerala State Financial Enterprises alleging that there is fabrication of documents for availing loans and financial assistance. These bail applications are pending before this Court from 2022 onwords. Interim orders passed in these bail applications by this Court, not to arrest the petitioners, are in force even now. 2. The learned Public Prosecutor submitted that the investigating officer want to interrogate the petitioners to collect the handwriting samples. Since these bail applications are pending before this Court from 2022 onwards, I think it would not be justified in denying bail to the petitioners at this distance of time. Bail can be granted to the petitioners on stringent conditions. There can be a direction to the petitioners to surrender before the investigating officer -6- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 within a time frame and also there can be a direction to appear before the investigating officer, till final report is filed. 3. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870)** , after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial. 4. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. Petitioners shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation; 2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail -7- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned; 3. Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; 4. Petitioner/s shall not leave India without permission of the jurisdictional Court; 5. Petitioner/s shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; ## 6. The petitioners shall appear before the investigating officer on all Mondays at 10 am till final report is filed. -8- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 7. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. sd/- **P.V.KUNHIKRISHNAN JUDGE** das -9- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ## **`APPENDIX OF BAIL APPL. 7868/2022`** ## `PETITIONER ANNEXURES` |`Annexure A1`|`THE TRUE COPY OF THE COMPLAINT FILED BY`| |---|---| ||`THE DE-FACTO COMPLAINANT`| |`Annexure A2`|`THE TRUE COPY OF THE FIR IN CRIME NO.`| ||`492/2022 OF THAMARASSERY POLICE`| ||`STATION, KOZHIKODE RURAL`| |`Annexure A3`|`THE TYPED COPY OF THE REMAND REPORT IN`| ||`MR. SHAJAHAN'S CASE`| -10- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ## **`APPENDIX OF BAIL APPL. 7869/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE TRUE COPY OF THE COMPLAINT FILED BY THE DE-FACTO COMPLAINANT Annexure A2THE TRUE COPY OF THE FIR IN CRIME NO. 501/2022 OF THAMARASSERY POLICE STATION, KOZHIKODE RURAL Annexure A3THE TYPED COPY OF THE REMAND REPORT IN SHAJAHAN'S CASE ``` -11- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ## **`APPENDIX OF BAIL APPL. 7881/2022`** ## `PETITIONER ANNEXURES` ``` Annexure A1THE TRUE COPY OF THE COMPLAINT FILED BY THE DE-FACTO COMPLAINANT Annexure A2THE TRUE COPY OF THE FIR IN CRIME NO. 497/2022 OF THAMARASSERY POLICE STATION, KOZHIKODE RURAL Annexure A3THE TYPED COPY OF THE REMAND REPORT IN MR. SHAJAHAN'S CASE ``` -12- B.A.Nos. 7868, 7869, 7881 & 7883 of 2022 ## **`APPENDIX OF BAIL APPL. 7883/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE TRUE COPY OF THE FIR IN CRIME NO. 495/2022 OF THAMARASSERY POLICE STATION, KOZHIKODE RURAL Annexure A2THE TYPED COPY OF THE REMAND REPORT IN MR. SHAJAHAN'S CASE ```