2025:KER:29372 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 4368 OF 2025 CRIME NO.539/2024 OF KOODAL POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NOS. 1 & 2: 1 BINU KOSHY AGED 48 YEARS, S/O KOSHY ,KOTTAMTHARA ( H) , EDATHARA, KALANJOOR PO, KOODAL VILLAGE, ADOOR THALUK, PATHANAMTHITTA DISTRICT, PIN – 689 663. 2 LINCY BINU AGED 46 YEARS, W/O. BINU KOSHY, KOTTAMTHARA (H), EDATHARA, KALANJOOR PO, KOODAL VILLAGE, ADOOR THALUK, PATHANAMTHITTA DISTRICT, PIN – 689 693. BY ADVS. M.T.SURESHKUMAR MANJUSHA K SONA VIJAYAN K. RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. BY ADV NOUSHAD K A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29372 B.A No.4368 of 2025 2 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4368 of 2025 ------------------------------- Dated this the 4th day of April, 2025 O R D E R This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioners are the accused in Crime No.539 of 2024 of Koodal Police Station. The above case is registered against the petitioners alleging offences punishable under Section 420 of the Indian Penal Code, 1860 (for short 'IPC'). 3. The prosecution case is that the accused operated a private Bank under the name ‘Grand Bankers’ and collected Rs.12 lakhs as deposit from defacto complainant, while her husband was working abroad. After his return, he was left unemployed and the complainant requested refund, the accused refused to 2025:KER:29372 B.A No.4368 of 2025 3 return the entire amount. The balance amount to be paid is Rs.4 lakhs. Hence, it is alleged that the accused committed the offence. 4. Heard counsel for the petitioners and the Public Prosecutor. 5. Counsel appearing for the petitioners submitted that even if the entire allegations are accepted, the offence alleged are not attracted. The counsel submitted that it is only a monetary dispute. The defacto complainant already filed a suit. 6. Public Prosecutor opposed the bail application. But, the Public Prosecutor submitted that the Final Report is already filed. 7. Considering the facts and circumstances of the case, I think the petitioners can be released on bail. Moreover, the Final Report is also filed. It seems that it is a monetary dispute. Whether any offence is made out, is a matter to be decided by the Trial Court. 2025:KER:29372 B.A No.4368 of 2025 4 Considering the facts and circumstances of the case, the petitioners can be directed to surrender before the Jurisdictional Court. Therefore, this bail application is disposed of with the following directions: (i) The petitioners shall surrender before the Jurisdictional Court within a period of two weeks and the petitioners are free to file a bail application before the Jurisdictional Court. (ii) If such a bail application is filed, the Jurisdictional Court will consider the same and pass appropriate orders in it, granting bail to the petitioners after imposing appropriate conditions. Sd/- P.V.KUNHIKRISHNAN JUDGE AMR 2025:KER:29372 B.A No.4368 of 2025 5 APPENDIX OF BAIL APPL. 4368/2025 PETITIONERS’ ANNEXURES Annexure A1 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 539 OF 2024 OF KOODAL POLICE STATION DATED 3/9/2024 ALONG WITH TYPED COPY OF FIS. Annexure A2 TRUE COPY OF THE PLAINT IN OS NO. 67 OF 2024 PENDING ON THE FILES OF THE SUB COURT, PATHANAMTHITTA.