High Court of KeralaSingle JudgeThe bail application is allowed; the petitioner...

Shameela v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 3966 OF 2025
Neutral Citation:2025:KER:30430

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2025-04-08
Court Decision / Holding
Bail application allowed; petitioner Shameela to appear before the Investigating Officer within two weeks for interrogation. If arrest is proposed, she shall be released on bail on the bond of Rs. 50,000 with two solvent sureties of the like amount to the satisfaction of the arresting officer. The petitioner shall cooperate with the investigation, shall not leave the jurisdiction without prior permission, shall not commit a similar offence, and may be subjected to recoveries by the IO even on bail. The jurisdictional court may cancel bail if any condition is violated.
Final Disposition
The bail application is allowed; the petitioner Shameela is granted bail with conditions as set out in the order.

Parties to the Case

Appellants / Petitioners

  • Shameela

Respondents

  • State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Shabu Sreedharan

Counsels for Respondents

  • • Public Prosecutor, High Court of Kerala

Case Synopsis & Summary

Shameela, the petitioner in Bail Appl. No. 3966 of 2025, challenges an accusation of offences under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) in Crime No. 1310/2024 of Anthikkad Police Station, Thrissur. The prosecution alleges that a firm named UK Regal Academy in Mangalore misrepresented employment opportunities abroad and collected Rs. 8,85,000 from the defacto complainant, allegedly breaching trust. The petitioner sought bail under Section 482 CrPC (BNS 2023 context) with the matter having previously been directed for interrogation and a report on the necessity of custodial interrogation, with an order that she would not be arrested until the next posting date. On 08.04.2025, the Court considered further submissions. The Public Prosecutor urged that if the petitioner cooperates, limited custodial interrogation may be possible; if arrest is necessary, bail with stringent conditions could be granted. The court reaffirmed the core precept that bail is the rule and detention the exception, citing Chidambaram and Siddharth cases, and noted the need to balance personal liberty with legitimate investigation. Ultimately, the Bail Application was allowed with directions: the petitioner shall appear before the IO within two weeks for interrogation; if arrest is proposed, she will be released on bail on bond of Rs.50,000 with two sureties; she shall cooperate and not leave the jurisdiction without permission; shall not commit a similar offence; and the IO may pursue recoveries while on bail, with bail cancellable for violations.”

Provisions of Law Cited

Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS)Sections 316(2), 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS)

Legal Doctrines & Maxims

  • Bail is the rule and jail is the exception.
  • Personal liberty is a fundamental aspect of the constitutional mandate.
  • There is a distinction between the existence of power to arrest and the justification for its exercise (arrest vs. necessity).
  • The principle that even grave economic offences do not automatically bar bail (as per relevant Supreme Court guidance).
  • Principle laid down in Anzar Azeez v. State of Kerala is applicable in this case.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that cooperation with the investigation and the absence of an immediate need for custodial interrogation warrant bail. Citing established bail jurisprudence—the rule of bail and exception of jail—counsel argues that a temporary custodial interrogation (if required) can be arranged without prolonged detention; grave economic offences are not per se barriers to bail, as supported by Supreme Court precedents that safeguard fair trial and personal liberty.

Contentions of Respondents

The State argues that the offences involve breach of trust and substantial financial implications; investigators must be able to complete custodial interrogation if necessary and protect witnesses, with the possibility of recoveries. It emphasizes that arrest is not a mere formality and that the ongoing investigation requires careful oversight to preserve evidence and prevent tampering.

Cited Precedents (6)

Case NameCitationTreatmentExplanation
Chidambaram P. v. Directorate of Enforcement2019 (16) SCALE 870PositiveUsed to underscore bail as a rule and jail as an exception, guiding the court’s approach to bail.
Siddharth v State of Uttar Pradesh and Another2021(5)KHC 353PositiveEmphasizes personal liberty and the need to distinguish between power to arrest and justification for arrest.
Joginder Kumar v. State of UP and OthersAIR 1994 SC 1349PositiveCited for the principle distinguishing existence of arrest power from its justified exercise.
Manish Sisodia v. Central Bureau of Investigation2023 KHC 6961PositiveNotes that grave economic offences do not automatically deny bail; supports approach in bail jurisprudence.
Sushila Aggarwal v. State (NCT of Delhi) and another2020 (1) KHC 663PositiveSupports the view that investigations can proceed and bail can be granted with conditions to protect process.
Anzar Azeez v. State of Kerala2025 SCC OnLine KER 1260PositivePrinciple stated as applicable in this case, guiding bail considerations.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Shameela v. State of Kerala and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

1 **BAIL APPL. NO. 3966 OF 2025** 2025:KER:30430 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 8[TH] DAY OF APRIL 2025 / 18TH CHAITHRA, 1947** **BAIL APPL. NO. 3966 OF 2025** **CRIME NO.1310/2024 OF Anthikad Police Station, Thrissur** **PETITIONER/S:** **SHAMEELA AGED 33 YEARS W/O. HABEEB, KUTHIBI NAGAR (1-102/5), KINNYA, D.K. DISTRICT, KARNATAKA, PIN - 575023** ## **BY ADV SHABU SREEDHARAN** **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031** ## **OTHER PRESENT:** **PP-SEENA C** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 **BAIL APPL. NO. 3966 OF 2025** 2025:KER:30430 ## **P.V.KUNHIKRISHNAN, J** **–-------------------------------------** **B.A. No. 3966 of 2025** **-------------------------------------Dated this the 8[th] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. The petitioner is an accused in Crime No. 1310/2024 of Anthikkad Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The prosecution case is that the accused 1 to 8, who are running the firm UK Regal Academy in Mangalore offered the defacto complainant to arrange employment in UK and to take her family also with her to UK, made her to pay a total of Rs.8,85,000/- without arranging the employment and without paying back the amount collected, the accused 3 **BAIL APPL. NO. 3966 OF 2025** 2025:KER:30430 persons committed breach of trust. Hence, it is alleged that the accused committed the offences. 4. Heard counsel for the petitioner and the Public Prosecutor. 5. When this bail application came up for consideration on 02.04.2025, this Court passed the following order : “The petitioner will appear before the Investigating Officer on 04.04.2025. The Investigating Officer can interrogate the petitioner. After interrogation, the Investigating Officer will submit a report before this court as to whether further custodial interrogation of the petitioner is necessary. The petitioner shall not be arrested till the next posting date. Post on 08.04.2025.” 6. Today, when the matter came up for consideration, the Public Prosecutor submitted that the petitioner is co-operating with the investigation. If that is the case, there can be a direction to the petitioner to appear before the investigating officer once again to complete the formalities. If the arrest is recorded, there can be a direction **BAIL APPL. NO. 3966 OF 2025** 4 2025:KER:30430 to release the petitioner on bail, after imposing stringent conditions. 7. 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. 8. Recently the Apex Court in **Siddharth v State** **of Uttar Pradesh and Another [2021(5)KHC 353]** considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder. “12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence 5 **BAIL APPL. NO. 3966 OF 2025** 2025:KER:30430 of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and selfesteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.” ## 9. In **Manish Sisodia v. Central Bureau of** **Investigation [2023 KHC 6961]** , the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case. 10. 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. The petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation. **BAIL APPL. NO. 3966 OF 2025** 6 2025:KER:30430 2. After interrogation, if the Investigating Officer propose to arrest the petitioner, she shall be released on bail on executing a bond for a sum of Rs.50,000/(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned. 3. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner 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 him/her from disclosing such facts to the Court or to any police officer. 4. Petitioner shall not leave 7 **BAIL APPL. NO. 3966 OF 2025** 2025:KER:30430 India without permission of the jurisdictional Court. 5. 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. 6. Needless to mention, it would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. 7. 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** 8 **BAIL APPL. NO. 3966 OF 2025** 2025:KER:30430 **Azeez v. State of Kerala** [2025 SCC OnLine KER 1260] is applicable in this case also. 8. 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 any of the above conditions are violated. **sd/-** **P.V.KUNHIKRISHNAN JUDGE** SKS