High Court of KeralaSingle JudgeCommon order disposing of B.A. Nos. 4241-4254; ...

NIMI.I v. State of Kerala (Bail Applications)

Case / Petition Number:B.A. Nos. 4241-4254 of 2025
Neutral Citation:2025:KER:26721

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.V. Kunhikrishnan
Judgment Date
2025-03-28
Court Decision / Holding
The Court allowed the bail petitions. The petitioner in B.A.4241 (and connected cases) is to be released on bail on a bond of Rs 50,000 with two solvent sureties, subject to standard conditions including appearance before the investigating officer, cooperation with the investigation, refraining from leaving the country, and not committing similar offences. The order relies on the principles that bail is the rule and jail is the exception, citing Chidambaram, Jalaluddin Khan, Manish Sisodia, and Anzar Azeez. The observations are for deciding the bail application, and breach of conditions can lead to cancellation of bail. The petitions are disposed of by a common order with the jurisdiction of the court. Sd/ P.V. Kunhikrishnan, J.
Final Disposition
Common order disposing of B.A. Nos. 4241-4254; bail granted to the petitioner in B.A. 4241 and connected cases with specified conditions; connected petitions disposed by reference to the same overarching order.

Parties to the Case

Appellants / Petitioners

  • NIMI.I

Respondents

  • State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • P.V. Anil
  • • M. Revikrishnan

Counsels for Respondents

  • • Sri. Hrithwik C.S. (Sr. P.P.)

Case Synopsis & Summary

This is a common order of the Kerala High Court by Justice P.V. Kunhikrishnan disposing of Bail Applications Nos. 4241 to 4254 of 2025 filed by the petitioner NIMI.I, the 5th accused in a constellation of cases across Thalassery, Payyannur, Mattannur, Pinarayi, Mayyil, Chakkarakkal and other police stations. The petitioner, in custody since 12.03.2025, is accused in multiple offences under the Bharatiya Nyaya Sanhita (BNS), 2023 and the Indian Penal Code (IPC), including offences under sections 406, 420, 468, 471, 465 and 34 IPC, and in some cases under sections 318, 338, 61 and 3(5) of the BNS, connected to promises of railway jobs through alleged scams. The learned Judge heard the petitioner and the Public Prosecutor and noted the seriousness of the allegations, including the purported large sums paid to obtain back-door railway appointments. However, guided by the long-standing principle that bail is the rule and jail the exception, as enunciated in decisions such as Chidambaram, Jalaluddin Khan, Manish Sisodia and Anzar Azeez, the Court directed bail in the present petitions. The order prescribes: release on bond of Rs 50,000 with two solvent sureties; the petitioner shall cooperate with the investigation, appear as required, not leave India, and refrain from committing similar offences. The Court also clarifies that the observations are for deciding this bail application, and non-compliance can lead to cancellation of bail. The petitions are disposed of by common order with the bail granted under supervision of the jurisdictional court.

Provisions of Law Cited

Section 483 of Bharatiya Nagarik Suraksha SanhitaBharatiya Nyaya Sanhita (BNS), 2023IPC: Sections 406, 420, 468, 471, 465 & 34BNS, 2023: Sections 318, 338, 61 and 3(5) of BNS

Legal Doctrines & Maxims

  • Bail is the rule and jail is the exception

Submissions & Arguments

Contentions of Appellants / Petitioners

Counsel for the petitioner submitted that the petitioner surrendered as directed, has co-operated with investigation, is a woman and her husband is ill; she is ready to cooperate; indefinite incarceration is unnecessary; interrogation has been completed.

Contentions of Respondents

Public Prosecutor argued that huge sums were credited to the petitioner’s account and that she is involved in the alleged railway-job scam; bail should not be granted lightly given the seriousness of the offences.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Chidambaram P. v. Directorate of Enforcement2019 (16) SCALE 870PositiveUsed to reaffirm the bail principle that bail is the rule and jail an exception.
Jalaluddin Khan v. Union of India2024 KHC 6431PositiveQuoted for the proposition that courts should grant bail when the case justifies it, even with serious allegations.
Manish Sisodia v. Directorate of Enforcement2024 KHC 6426PositiveCited to emphasize that bail is not a punishment and to discourage unnecessary detention.
Anzar Azeez v. State of Kerala2025 SCC OnLine KER 1260PositiveCited to apply the bail principle to the instant cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` 2025:KER:26721 ``` **==> picture [61 x 61] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ## **`BAIL APPL. NO. 4241 OF 2025`** ``` CRIME NO.585/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR ``` ``` AGAINST THE ORDER/JUDGMENT DATED 19.03.2025 IN CMP NO.337 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III(MOBILE),KANNUR ``` ## **`PETITIONER/5TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS ``` ``` W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ## **`SR PP-NOUSHAD K A , SR PP-HRITHWIK C S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NOS.4242/2025, 4243/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 2 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4242 OF 2025 ``` ``` CRIME NO.589/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. NO.1670 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/5TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`BY ADV SR PP-HRITHWIK C S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 3 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4243 OF 2025 ``` ``` CRIME NO.590/2024 OF MAYYIL POLICE STATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1667 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/6TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.HRITHWIK C.S - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 4 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4244 OF 2025 ``` ``` CRIME NO.642/2024 OF MAYYIL POLICE STATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1678 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/6TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV SRI.HRITHWIK C.S - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 5 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4245 OF 2025 ``` ``` CRIME NO.657/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1666 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/6TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.HRITHWIK C S - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 6 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4246 OF 2025 ``` ``` CRIME NO.677/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. NO.1684 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/6TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.NOUSHAD K.A. - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 7 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4247 OF 2025 ``` ``` CRIME NO.292/2024 OF PINARAYI POLICE STATION, KANNUR, ``` ``` AGAINST THE ORDER DATED 18.03.2025 IN CMP NO.1240 OF 2025 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,THALASSERY ``` ## **`PETITIONER/4TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.NOUSHAD K.A.- SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 8 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4248 OF 2025 ``` ``` CRIME NO.344/2024 OF PINARAYI POLICE STATION, KANNUR, ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1683 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/5TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.NOUSHAD K.A.- SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 9 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4249 OF 2025 ``` ``` CRIME NO.388/2024 OF PINARAYI POLICE STATION, KANNUR, ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1674 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/6TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.NOUSHAD K.A - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 10 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4250 OF 2025 ``` ``` CRIME NO.702/2024 OF Thalassery Police Station, Kannur ``` ``` AGAINST THE ORDER DATED IN 14.02.2025 BAIL APPL. ``` ``` NO.1676 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/5TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.NOUSHAD K.A - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 11 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4251 OF 2025 ``` ``` CRIME NO.733/2024 OF Mattannur Police Station, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1668 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/6TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.HRITHWIK C.S - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 12 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4252 OF 2025 ``` ``` CRIME NO.744/2024 OF MATTANNUR POLICE STATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1673 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/6TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.HRITHWIK C.S - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 13 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4253 OF 2025 ``` ``` CRIME NO.664/2024 OF PAYYANNUR POLICE STATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. ``` ``` NO.1672 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/5TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.HRITHWIK C.S - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 14 & CONNECTED CASES ``` ``` 2025:KER:26721 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4254 OF 2025 ``` ``` CRIME NO.665/2024 OF PAYYANNUR POLICE STATION, KANNUR ``` ``` AGAINST THE ORDER DATED 14.02.2025 IN BAIL APPL. NO.1675 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/4TH ACCUSED:`** ``` NIMI.I AGED 34 YEARS W/O MOHAMMED SIYAD, EROSS, PANAYAMBALAM, THAZHUTHALA, KOTTIYAM.P.O., KOLLAM DISTRICT., PIN - 691571 ``` ``` BY ADVS. P.V.ANIL M.REVIKRISHNAN ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SRI.HRITHWIK C.S - SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH BAIL APPL.NO.4241/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A.NO.4241 OF 2025 15 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ## `2025:KER:26721` ## **P.V.KUNHIKRISHNAN, J** **--------------------------------------** **B.A.Nos.4241, 4242, 4243, 4244, 4245, 4246, 4247, 4248, 4249, 4250, 4251, 4252, 4253 & 4254 of 2025** **------------------------------------------------------Dated this the 28[th] day of March, 2025** ## **COMMON ORDER** These Bail Applications are filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. These Bail Applications are connected and therefore, I am disposing of these cases by a common order. 2. Petitioner in these cases are one and the same. Petitioner is the accused in Crime Nos.702 of 2024 of Thalassery Police Station, 664 & 665 of 2024 of Payyannur Police Station, 733, & 744 of 2024 of Mattannur Police Station, 590 & 642 of 2024 of Mayyil Police Station, 292, 344, & 388 of 2024 of Pinarayi Police Station and Crime Nos.677, 657, 589 & 585 of 2024 of Chakkarakkal Police Station, registered alleging offences punishable under Sections 406, 420, 468, 471, 465 & 34 of IPC and in Crime No.642 of 2024, the alleged offences are under Sections 318, 338, 61 and 3(5) ``` B.A.NO.4241 OF 2025 16 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:26721 ``` of the Bharatiya Nyaya Sanhita (BNS), 2023. Petitioner was arrested on 12.03.2025 and she is in custody. 3. The prosecution case in all these cases are similar. It is alleged that the accused in these cases deceived the defacto complainants by falsely promising a job in Indian Railways and thus collected huge amount. It is the prosecution case that some amount is credited to the account of the petitioner also. 4. Heard counsel for the petitioner and the Public Prosecutor. 5. The counsel for the petitioner submitted that the petitioner surrendered before the Investigating Officer as directed by this Court in Annexure A3 order and after interrogation, she was arrested on 12.03.2025. The counsel submitted that the petitioner is a lady and her husband is suffering from different illness. She is ready to co-operate with the investigation, indefinite incarceration of the petitioner is not necessary. It is also submitted that the interrogation is already over. ``` B.A.NO.4241 OF 2025 17 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:26721 ``` 6. Public Prosecutor opposed the bail application. The Public Prosecutor submitted that huge amount is credited to the account of the petitioner and she is also involved in the scam. 7. This Court considered the contention of the petitioner and the Public Prosecutor. It is true that the allegations against the petitioner is very serious. It is surprising to see that people are paying huge amount for getting back door appointment to strangers. It is fundamental that an appointment in Railway will be done only through the procedure prescribed by the Railway Recruitment Board. How this defacto complainants paid this huge amount to strangers for getting appointment in the Railway is surprising. I don't want to make an observation about the same. Arrest of the petitioner is recorded in all these cases. She is in custody from 12.03.2025. 8. 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 ``` B.A.NO.4241 OF 2025 18 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:26721 ``` 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. 9. Moreover, in **Jalaluddin Khan v. Union of India [2024 KHC 6431]** , the Hon'ble Supreme Court observed that: “21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule ``` B.A.NO.4241 OF 2025 19 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:26721 ``` and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modifcation that the bail can be granted if the conditions in the statute are satisfed. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our Constitution.” (underline supplied) 10. In **Manish Sisodia v. Directorate of** **Enforcement [2024 KHC 6426]** , also the Hon'ble Supreme Court observed that: “53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our ``` B.A.NO.4241 OF 2025 20 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:26721 ``` experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach. On account of non - grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that "bail is rule and jail is exception". 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. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the ``` B.A.NO.4241 OF 2025 21 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:26721 ``` satisfaction of the jurisdictional Court. 2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall cooperate 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 her from disclosing such facts to the Court or to any police officer. 3. Petitioner shall not leave India without permission of the jurisdictional Court. 4. Petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. 5. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in **Anzar Azeez v. State** ``` B.A.NO.4241 OF 2025 22 & CONNECTED CASES ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:26721 ``` ## **of Kerala [2025 SCC OnLine KER 1260]** is applicable in this case also. 6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions. **Sd/-** **P.V.KUNHIKRISHNAN JUDGE** MSA