Kerala High Court
Bhavya Banshiwal vs State Of Kerala on 23 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:35616
B.A.No.6642 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 23RD DAY OF MAY 2025/2ND JYAISHTA, 1947
BAIL APPL. NO.6642 OF 2025
CRIME NO.1010/2024 OF THALIPARAMBA POLICE STATION, KANNUR
PETITIONER/12TH ACCUSED
BHAVYA BANSHIWAL,
AGED 19 YEARS,
AGED 19 YEARS, S/O. PARAS KUMAR BAIRWA, 265B,
TIRUPATI BALAJI NAGAR, SANGANER, JAIPUR,
RAJASTHAN,
PIN - 302029
BY ADVS.
R.BINDU (SASTHAMANGALAM)
G.RAJAGOPAL (KUMMANAM)
RESPONDENT/COMPLAINANT/STATE
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
PIN - 682031
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:35616
B.A.No.6642 of 2025
2
BECHU KURIAN THOMAS, J.
...............................................
B.A.No.6642 of 2025
..............................................
Dated this the 23rd day of May, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the 12th accused in Crime No.1010 of Taliparamba police station registered for the offences punishable under sections 318(4) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2000.
3. The prosecution case is that the accused cheated the defacto complainant after dishonestly inducing him to deposit large amounts into the account of the accused pretending themselves to be CBI Officers and thereby committed the offences alleged.
4. Petitioner was arrested on 26.03.2025 and has been in custody since then.
5. The learned counsel for the petitioner submitted that already the other accused in the crime have been released 2025:KER:35616 B.A.No.6642 of 2025 3 on bail by the Trial Court itself and in support of the said submission an order dated 03.03.2025 handed over across the Bar in which, one of the accused in the said crime who was arrested on 15.02.2025 was released on 03.03.2025.
6. The learned Public Prosecutor on the other hand submitted that the allegations are serious and the petitioner ought not to be released on bail since the investigation is continuing.
7. Since already one of the co-accused who was arrested on 14.02.2025 was released on 03.03.2025 and since the petitioner is only 19 years in age. I am of the view that the continued detention is not necessary. Further, petitioner was arrested on 26.03.2025 and he is a student. The period of detention undergone by the petitioner persuade this Court to release him on bail, though the allegations are serious.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating 2025:KER:35616 B.A.No.6642 of 2025 4 Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions or if any modifications or deletions are required the jurisdictional Court shall be empowered to consider such applications and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE Cak 2025:KER:35616 B.A.No.6642 of 2025 5 APPENDIX OF BAIL APPL. 6642/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE PHOTO COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1010/2024 OF TALIPARAMBA POLICE STATION DATED 10.10.2024 ANNEXURE 2 TRUE COPY OF THE ORDER DATED 01.04.2025 IN C.M.P. NO. 2678/2025 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA ANNEXURE 3 TRUE COPY OF THE ORDER DATED 08.04.2025 CRL. M.C NO. 427/2025 BEFORE THE COURT OF SESSION, THALASSERY ANNEXURE 4 TRUE COPY OF THE ORDER DATED 10.04.2025 IN C.M.P. NO. 2970/2025 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA ANNEXURE 5 TRUE COPY OF THE ORDER DATED 22.04.2025 IN CRL.M.C NO. 525/2025 ANNEXURE 6 TRUE COPY OF THE ORDER DATED 06.05.2025 IN CRL.M.C NO. 637/2025