BA Nos.10306 & 10385 of 2024 1 2025:KER:30301 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 BAIL APPL. NO. 10385 OF 2024 CRIME NO.1035/2024 OF Kumarakom Police Station, Kottayam PETITIONER(S)/ACCUSED: KEERTHIMON SADANANDAN AGED 36 YEARS S/O SADANANDAN ATTIYIL HOUSE, KUMARAKOM, KOTTAYAM KERALA, INDIA, PIN - 686563 BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU CHANDHANA BHAIJU BASIL SAJAN FATHIM NAVAS KAVYA RANI JAYAPRAKASH LEKSHMI PRIYA V. BASIL SCARIA RESPONDENT ( S )/COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ADDL.R2 MOHAMMAD ABDUL VASSEY KAMRAN DEPUTY GENERAL MANAGER OF THE CONSUMER CREDITS AT GULF BANK K.S.C.P. (KUWAIT SHARE HOLDING COMPANY PUBLIC), AL QIBLA, BLOCK 5, MUBARAK AL KABEER STREET, P.O. BOX 3200, SAFAT 13032 AT THE STATE OF KUWAIT RESIDING AT AWTAD TOWER, BA Nos.10306 & 10385 of 2024 2 2025:KER:30301 APARTMENT NO.702, BUILDING NO.203, STREET 80, BINED GHAR, GULF ROAD, KUWAIT. (IS IMPLEADED AS PER ORDER DATED 07.04.2025 IN CRL.MA NO.1 OF 2024) BY ADVS. SRI. PP - G SUDHEER, SRI. P VIJAYABHANU (SR.) Thomas J Anakkallunkal ANUPA ANNA JOSE KANDOTH JAYARAMAN S. DHANYA SUNNY ANN MILKA GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH Bail Appl..10306/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.10306 & 10385 of 2024 3 2025:KER:30301 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 BAIL APPL. NO. 10306 OF 2024 CRIME NO.2319/2024 OF Muvattupuzha Police Station, Ernakulam PETITIONER(S)/ACCUSED: RAGHUL RETHEESAN AGED 34 YEARS S/O VASU RATHEESSAN , PUTHUMANAKUDIYIL HOUSE KUNNACKAL PO KUNNACKAL MUVATTUPUZHA, PIN - 682316 BY ADV SACHIN RAMESH RESPONDENT ( S )/STATE : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 MOHAMMAD ABDUL VASSEY KAMRAN AGED 69 YEARS S/O MOHAMED HANIF, DEPUTY GENERAL MANAGER OF THE CONSUMER CREDITS AT GULF BANK K.S.C.P. (KUWAIT SHARE HOLDING COMPANY PUBLIC), AL QIBLA, BLOCK 5, MUBARAK AL KABEER STREET, P.O. BOX 3200, SAFAT 13032 AT THE STATE OF KUWAIT, RESIDING AT AWTAD TOWER, APARTMENT NO.702, BUILDING NO.203, STREET 80, BINED GHAR, GULF ROAD, KUWAIT, IS IMPLEADED AS THE ADDITIONAL SECOND RESPONDENT AS PER ORDER DATED 27.12.2024 IN CRL MA 1/2024 IN BA 10306/2024. BA Nos.10306 & 10385 of 2024 4 2025:KER:30301 BY ADVS. SRI. G. SUDHEER, PUBLIC PROSECUTOR SRI. P. VIJAYABHANU (SR.) THOMAS J.ANAKKALLUNKAL JAYARAMAN S. ANUPA ANNA JOSE KANDOTH DHANYA SUNNY ANN MILKA GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH Bail Appl..10385/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.10306 & 10385 of 2024 5 2025:KER:30301 P.V.KUNHIKRISHNAN, J. ---------------------------------------------------- BA Nos.10306 and 10385 of 2024 ---------------------------------------------------- Dated this the 07th day of April, 2025 O R D E R These bail applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These two bail applications are connected and therefore, I am disposing of these two cases by a common order. 2. The short point to be decided in these cases is that whether the offence of cheating will attract in a case in which the accused availed huge loan from a bank situated in a foreign country and left the foreign country without paying the loan dues. 3. The petitioner in BA No.10385/2024 is an BA Nos.10306 & 10385 of 2024 6 2025:KER:30301 accused in Crime No.1035/2024 of Kumarakom Police Station. The allegation in this case is that, the accused, with an intention to deceive the defacto complainant, who is the Deputy General Manager of Kuwait Gulf Bank, took a loan of 33,777 Kuwait Dinars on 09.12.2021 from Kuwait Gulf Bank KSCP. Now, the amount due to the bank is 39,566.390 Kuwait Dinars which is equivalent to 1,10,78,569.20 Indian Rupees. It is alleged that the accused failed to repay the amount and left the country and now settled at his home town at Kumarakom, Kottayam. Hence, it is alleged that the accused committed the offence of cheating under Section 420 of IPC. 4. The petitioner in BA No.10306/2024 is an accused in Crime No.2319/2024 of Muvattupuzha Police Station, Ernakulam. The petitioner has been employed in Kuwait since 2015. He availed a loan of BA Nos.10306 & 10385 of 2024 7 2025:KER:30301 35,555 Kuwait Dinars from Gulf Bank Kuwait. The loan was sanctioned on 07.01.2016 and subsequently renewed on 25.07.2016 and 15.09.2020. Without paying the loan amount, the petitioner left Kuwait. Hence, it is alleged that the accused cheated the bank. 5. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. I also heard Senior Adv. Sri. P. Vijayabhanu who appeared for the defacto complainant in these cases. 6. It is an admitted fact that the petitioners in these cases availed loan from a foreign bank. It is also an admitted fact that they failed to repay the loan amount and there is a huge amount due to the bank. It is also a fact that the petitioners left the foreign county and now settled in India. In such circumstances, it cannot be said that there is no ingredients of cheating in these cases. The BA Nos.10306 & 10385 of 2024 8 2025:KER:30301 investigation in these cases is going on. The Public Prosecutor submitted that the custodial interrogation of the petitioners is necessary. In such circumstances, I am not in a position to release the petitioners on bail in these cases. The petitioners have to surrender before the Investigating Officer and co-operate with the investigation. There is no merit in these bail applications. Therefore, these bail applications are dismissed. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE