In a significant ruling on Thursday, the Supreme Court pulled up the Kerala High Court for modifying bail conditions of a fraud accused while the matter was already pending before the apex court. The bench, headed by Justice J.K. Maheshwari and Justice Vipul M. Pancholi, expressed strong displeasure over what it termed as a breach of judicial propriety.
Background
The case involves Anitha R. Nair, accused in as many as 31 criminal cases registered at Chingavanam Police Station under cheating, criminal breach of trust, and the Banning of Unregulated Deposit Schemes Act, 2019. The Kerala High Court had granted her anticipatory bail with restrictions, including a bar on foreign travel without court approval.
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Despite the bail order being challenged in the Supreme Court, Nair later sought relaxation from the High Court, arguing she needed to travel abroad for employment-related reasons. The High Court not only permitted her travel but also directed release of her passport in August this year.
Court’s Observations
The Supreme Court made it clear that the High Court had overstepped. “When an order granting bail is under challenge before us, modifying those conditions runs contrary to the principles of judicial propriety and discipline,” the bench observed.
The judges also noted with concern that the respondent had failed to disclose before the apex court about her parallel applications before the High Court. “We express grave displeasure at such concealment,” the bench remarked, hinting at possible consequences for misleading the court.
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Decision
Staying all orders of the Kerala High Court that allowed Nair to travel abroad and secured release of her passport, the Supreme Court directed her to surrender the passport immediately and barred her from leaving India without its explicit permission.
Additionally, the bench issued notice to Nair asking why her anticipatory bail itself should not be cancelled for concealment of facts. The matter has been listed for further orders on September 26, 2025.
Case Title: Sreeja D G & Ors. vs. Anitha R. Nair & Anr.
Date of Order: 4 September 2025
Case Type: Special Leave to Appeal (Criminal) Nos. 6677–6681/2025
Next Hearing Date: 26 September 2025
