Kerala High Court
Rinshada V P vs State Of Kerala on 11 December, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
B.A.No.8266 OF 2024
1
2024:KER:93801
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF DECEMBER 2024 / 20TH AGRAHAYANA, 1946
BAIL APPL. NO. 8266 OF 2024
CRIME NO.1792/2024 OF CHANGANASSERY POLICE STATION,
KOTTAYAM
PETITIONER(S):
1 RINSHADA V P,
AGED 21 YEARS
D/O RASAK, VALIYA PARAMBIL HOUSE, MULLA ROAD,
PONNANI, MALAPPURAM, KERALA -, PIN - 679586
2 FASIL A,
AGED 33 YEARS
S/O UMMER FAROOK , AMDIPPATTIL, THEKKEPPURAM, ,
MALAPPURAM, KERALA -, PIN - 679586
BY ADVS.
SADIQALI.M
SHAMNAD.E.
DHANYA S NAIR
DELLA ABRAHAM
MOHAMED SHAFI M.
NAZRIYA NOUSHAD
VISHAL L.
RESPONDENT(S):
1 STATE OF KERALA,
B.A.No.8266 OF 2024
2
2024:KER:93801
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 MATHEW VARGHESE, AGED 68 YEARS
KARUKAYIL HOUSE, VALIYAKULAM,BHAGOM, I E NAGAR
PO, CHETHIPPUZHA, VILLAGE, KOTTAYAM, KERALA
-686106 (IS IMPLEADED AS THE ADDITIONAL SECOND
RESPONDENT AS PER ORDER DATED 26.11.2024 IN CRL
MA 1/2024 IN BA 8266/2024).
BY ADV. SMT. SREEJA V., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.12.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.8266 OF 2024
3
2024:KER:93801
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.8266 of 2024
-------------------------------
Dated this the 11th day of December, 2024
ORDER
This Bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
2. Petitioners are the accused in Crime No. 1792/2024 of Changanasserry Police Station. The above case is registered against the petitioners alleging offence punishable under Section 318(4) of the BNS.
3. The prosecution case is that the accused persons contacted the defacto complainant with the intention of causing unjust gain to the accused and unjust loss to the complainant. It is alleged that the petitioners added the complainant to the WhatsApp group through the link Alankit Security VIP Institutional Share Trading and convinced the complainant that he would receive a 300% profit share. Hence it B.A.No.8266 OF 2024 4 2024:KER:93801 is alleged that the accused committed the above said offence.
4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.
5. Counsel for the petitioners submitted that the 1st petitioner is pregnant. The counsel also submitted that the petitioners have not committed any offence as alleged by the prosecution.
6. The learned Public Prosecutor seriously opposed the bail application.
7. After hearing both sides, I think this is not a fit case, in which orders u/s.482 BNSS can be passed. At this stage the counsel for the petitioners submitted that the petitioners will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioners after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioners. I think that prayer can be allowed.
B.A.No.8266 OF 2024 5 2024:KER:93801
8. Considering the submission of the counsel for the petitioners, this bail application is disposed of with the following directions.
1) The petitioners will surrender before the Investigating Officer within one month from today.
2) If the petitioners surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioners and shall produce the petitioners before the jurisdictional court on the date of surrender itself.
3) The petitioners are free to file a bail application before the jurisdictional court at the time of producing them before the Magistrate. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself.
4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the B.A.No.8266 OF 2024 6 2024:KER:93801 petitioners and if such an application is filed, the jurisdictional court is free to pass appropriate orders in it also.
5) While considering the bail application, the jurisdictional court will also consider the fact that the 1 st petitioner is pregnant.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM