Kerala High Court
Joy Thomas vs State Of Kerala on 22 October, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:78586
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
BAIL APPL. NO. 9708 OF 2025
CRIME NO.2136/2025 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
JOY THOMAS
AGED 50 YEARS
S/O. MANUEL THOMAS @ THOMAS MANUEL, KOTTUMVATHUKKAL,
JERRY LAND, SAKTHIKULANGARA, KOLLAM., PIN - 691581.
BY ADVS.
SRI.O.D.SIVADAS
SMT.VINAYA V.NAIR
SMT.DEVIKA R.
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031.
2 THE STATION HOUSE OFFICER
KOLLAM EAST POLICE STATION, KOLLAM, PIN - 691001.
3 ANTONY PATHROS
AGED 50 YEARS
S/O. MANUAL THOMAS @ THOMAS MANUEL, KOTTUMVATHUKKAL,
JERRY LAND, SAKTHIKULANGARA KOLLAM, PIN-691581 IS
IMPLEADED AS THE ADDITIONAL THIRD RESPONDENT AS PER
ORDER DATED 26.08.2025 IN CRL MA 1/2025 IN BA 9808/2025
SRI.G.SUDHEER - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.10.2025, ALONG WITH Bail Appl..9531/2025, 9701/2025, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
B.A No.9708 of 2025
& connected cases 2
2025:KER:78586
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
BAIL APPL. NO. 9531 OF 2025
CRIME NO.2136/2025 OF KOLLAM EAST POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.2136 OF 2025 OF CHIEF
JUDICIAL MAGISTRATE, KOLLAM.
PETITIONERS/ACCUSED:
1 SUNIL NARAYANAN
AGED 52 YEARS
S/O. NARAYANAN, KAUSTHUBHAM, T.K.M.C. PO, KARICODE,
KOLLAM,, PIN - 691581.
2 HARIPRIYA S
AGED 43 YEARS
W/O. SUNIL NARAYANAN, KAUSTHUBHAM, T.K.M.C. PO,
KARICODE, KOLLAM,, PIN - 691581.
BY ADVS.
SRI.O.D.SIVADAS
SMT.VINAYA V.NAIR
SMT.DEVIKA R.
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY, PIN - 682031.
2 THE STATION HOUSE OFFICER
KOLLAM EAST POLICE STATION, KOLLAM, PIN - 691001.
3 ANTONY PATHROS
AGED 49 YEARS
S/O PATHROS , OTTATHENGIN MOOTTIL NEAR CHERUPUSHPAM
YARD, NEENDAKKARA, KOLLAM, PIN-691582 IS IMPLEADED AS
ADDL.R3 AS PER ORDER DATED 26/08/2025 IN CRL.MA.1/2025.
BY ADVS.
SRI.M.C. ASHI - Sr.PP
B.A No.9708 of 2025
& connected cases 3
2025:KER:78586
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AZAD SUNIL
SHRI.AKASH CHERIAN THOMAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.10.2025, ALONG WITH Bail Appl..9708/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A No.9708 of 2025
& connected cases 4
2025:KER:78586
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
BAIL APPL. NO. 9701 OF 2025
CRIME NO.2136/2025 OF KOLLAM EAST POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.2136 OF 2025 OF CHIEF
JUDICIAL MAGISTRATE, KOLLAM
PETITIONER/ACCUSED:
SANTHOSH MAHESWAR
AGED 52 YEARS
S/O. MAHESWAR, FINSAT, KADAPPAKKADA, KOLLAM,
PIN - 691008.
BY ADVS.
SRI.O.D.SIVADAS
SMT.VINAYA V.NAIR
SMT.DEVIKA R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI., PIN - 682031.
2 THE STATION HOUSE OFFICER
KOLLAM EAST POLICE STATION, KOLLAM, PIN - 691001.
3 ANTONY PATHROS
AGED 49 YEARS
. S/O PATHROS OTTATHENGIN MOOTTIL NEAR CHERUPUSHPAM
YARD, NEENDAKKARA, KOLLAM -691582 IS IMPLEADED AS THE
ADDITIONAL THIRD RESPONDENT AS PER ORDER DATED
26.08.2025 IN CRL MA 1/2025 IN BA 9701/2025.
SRI.M.C. ASHI - Sr.pp
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.10.2025, ALONG WITH Bail Appl..9708/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A No.9708 of 2025
& connected cases 5
2025:KER:78586
K.BABU, J.
--------------------------------------
Bail Appl. Nos.9708/2025,
9531/2025 and 9701/2025
---------------------------------------
Dated this the 22nd day of October, 2025
COMMON ORDER
These applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioners are accused Nos.1 to 4 in Crime
No.2136/2025 of Kollam East Police Station. The offences alleged
against the petitioners are punishable under Sections 318(4) and
316(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is as follows:
Accused No. 1 is the Legal Advisor of
Earl Corvus Habitat Pvt. Ltd.. Accused No. 2 is its Tax Practitioner.
Accused Nos. 3 and 4 are the Board of Directors of the Company.
With the intent to cheat the company, the petitioners jointly
misappropriated a sum of Rs. 2,83,28,067/- from an account
maintained by the company.
4. I have heard the learned counsel for the petitioners as
well as the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that
the present crime has been registered as a counterblast to the
2025:KER:78586
legal steps initiated by the petitioners against the company and
the defacto complainant, who is its Managing Director. The
petitioners rely on Annexures A4 and A5 notices in B.A. No. 9708
of 2025 to contend that the crime was registered after issuance of
legal notices whereby they have claimed more than Rs.2 crores
from the company. The petitioners also relied on Annexure A3 in
B.A. No. 9701 of 2025, a complaint filed by the petitioners against
the de facto complainant.
6. The learned counsel for the defacto complainant
opposed the bail application on the ground that granting
anticipatory bail to the petitioners will adversely affect the
progress of the investigation.
7. The learned counsel for the petitioners submitted that
the petitioners are prepared to co-operate with the investigation.
As per Annexures A4 and A5 in B.A. No. 9708 of 2025, the
petitioners have claimed a sum of Rs. 1,62,20,160/- plus
Rs.33,85,000/- from the de facto complainant. These legal notices
were issued prior to the registration of the crime. The petitioners
have established a prima facie case. I feel that the petitioners are
entitled to anticipatory bail.
2025:KER:78586
8. In the result, these Bail Applications are allowed as
follows:
(a) The petitioners shall appear before the
Investigating Officer on 29.10.2025 between
10.00 AM and 11.00 AM for interrogation.
(b) The Investigating Officer is directed to release
the petitioners on bail, in the event they are
arrested, on their executing bond for
Rs.2,00,000/- (Rupees Two Lakh only) each with
two solvent sureties each for the like sum.
(c) The petitioners shall not try to influence the
prosecution witnesses or attempt to tamper with
the evidence.
(d) The petitioners shall not commit any offence
while on bail.
Sd/-
K.BABU, JUDGE
mea
2025:KER:78586
APPENDIX OF BAIL APPL. 9708/2025
PETITIONER ANNEXURES
Annexure A1 . THE TRUE COPY OF THE FIR IN CRIME NO.
2136 OF 2025 OF KOLLAM EAST POLICE
STATION
Annexure A2 THE COPY OF THE BANK ACCOUNT DETAILS OF
THE PETITIONER 1.04.2024 TO 31.03.2025
Annexure A3 THE BANK DETAILS OF THE COMPANY FOR THE
PERIOD FROM 1.04.2024 TO 31.03.2025
Annexure A4 THE COPY OF THE NOTICE DATED 21.07.2025
ISSUED TO THE DEFACTO COMPLAINANT
Annexure A5 THE COPY OF THE NOTICE DATED 21.07.2025
ISSUED ON BEHALF OF THE PETITIONER
2025:KER:78586
APPENDIX OF BAIL APPL. 9531/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 2136
OF 2025 OF KOLLAM EAST POLICE STATION.
Annexure A2 TRUE COPY OF THE LETTER SENT BY THE 1ST
PETITIONER TO THE BANK OF INDIA,
KADAPPAKADA BRANCH.
Annexure A3 TRUE COPY OF THE
COMPLAINT/REPRESENTATION DATED 3.08.2025
SUBMITTED BY THE PETITIONERS BEFORE THE
DGP, THIRUVANANTHAPURAM,
2025:KER:78586
APPENDIX OF BAIL APPL. 9701/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 2136
OF 2025 OF KOLLAM EAST POLICE STATION
Annexure A2 TRUE COPY OF THE LEDGER SHEET FOR THE
PERIOD FROM 1.07.2024 TO 19.072025
Annexure A3 THE COPY OF COMPLAINT DATED 29-7-2025
SUBMITTED BY THE PETITIONER TO 2ND
RESPONDENT
Annexure A4 TRUE COPY OF THE COMPLAINT BEFORE THE
ACP, KOLLAM DATED 03/08/2025
Annexure A5 TRUE COPY OF THE COMPLAINT FILED BEFORE
THE DGP DATED 04/08/2025 ALONG WITH
RECEIPT
