[Cites 2, Cited by 0]
Kerala High Court
Archana Thankachan vs State Of Kerala on 6 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:30329
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
BAIL APPL. NO. 1937 OF 2026
CRIME NO.394/2025 OF PONNANI POLICE STATION, MALAPPURAM
AGAINST THE ORDER DATED 25.03.2026 IN CMP NO.1 OF 2026 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/3RD ACCUSED:
ARCHANA THANKACHAN,
AGED 28 YEARS, D/O THANKACHAN, MARUKALLEL HOUSE,
KOTTEKKULAM, KORANCHIRA, PALAKKAD DISTRICT,
KERALA,
PIN - 678684.
BY ADV SHRI.TITTU JOSE CHACKANAD
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA. ERNAKULAM, PIN - 682031.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 1937 OF 2026 2
2026:KER:30329
ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking regular bail.
2. The applicant is the accused No.3 in Crime
No.394/2025 of Ponnani Police Station, Malappuram District. The
offences alleged are punishable under Sections 406 and 420 r/w
Section 34 of the Indian Penal Code, 1860 (for short, IPC).
3. The prosecution case, in short, is that the
applicant herein along with the accused Nos.1 and 2, deceived the
defacto complainant and obtained a sum of Rs.3,50,000/- on
various occasions between 14.10.2023 to 07.10.2024 under the
pretext of securing a poultry farm manager visa and European
work visa. Thus, the applicant has committed the above offences.
4. I have heard Sri.Tittu Jose Chackanad, the
learned counsel for the applicant and Sri.K.A. Noushad, the
learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated in
the present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
2026:KER:30329
hence, she is entitled to bail. On the other hand, the learned
Public Prosecutor submitted that the alleged incident occurred as
a part of the intentional criminal acts of the applicant, and she is
not entitled to bail at this stage.
6. The applicant was remanded to judicial custody
on 19.03.2026. The investigation is almost over. It is true that the
applicant has criminal antecedents of a similar nature. However,
the documents produced show that she was granted bail in those
cases. For these reasons, I do not find any reason to hold that the
continued detention of the applicant is required for any purpose.
Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) with
two solvent sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
(iii) The applicant shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m. every
Saturday until further orders. She shall also appear before the
2026:KER:30329
investigating officer as and when required.
(iv) The applicant shall not commit any offence of a
like nature while on bail.
(v) The applicant shall not attempt to contact any of
the prosecution witnesses, directly or through any other person,
or in any other way try to tamper with the evidence or influence
any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification
of the bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
mea
2026:KER:30329
APPENDIX OF BAIL APPL. NO. 1937 OF 2026
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE F.I.R IN CR. NO.
0394/2025 OF PONNANI POLICE STATION,
DATED, 25.03.2025
Annexure A2 A TRUE COPY OF THE AGREEMENT WITH THE
DEFACTO COMPLAINANT
Annexure A3 A TRUE COPY OF THE FLIGHT BOOKING
CONFIRMATION DATED 20.09.2024
Annexure A4 A TRUE COPY OF THE EMERGENCY MEDICAL
TRAVEL INSURANCE POLICY DATED 10.11.2024
Annexure A5 A TRUE COPY OF THE ORDER IN B.A. NO.
9944/ 2025 DATED 27.08.2025 BY THE
HONOURABLE HIGH COURT OF KERALA
Annexure A6 A TRUE COPY OF THE ORDER IN B.A. NO.
10458/ 2025 DATED 10.09.2025 BY THE
HONOURABLE HIGH COURT OF KERALA
Annexure A7 A TRUE COPY OF THE ORDER IN B.A. NO.
12064/2025 DATED 08.10.2025 BY THE
HONOURABLE HIGH COURT OF KERALA
Annexure A8 A TRUE COPY OF THE ORDER IN B.A. NO.
5843/2025, DATED 08.11.2025 BY THE
HONOURABLE HIGH COURT OF KERALA
Annexure A9 A TRUE COPY OF THE COMMON ORDER IN B.A.
NO. 8627/ 2025 DATED 18.07.2025 BY THE
HONOURABLE HIGH COURT OF KERALA
Annexure A10 A TRUE COPY OF THE ORDER IN CR.L. M.P
NO. 361/2025, DATED 01.03.2026 BY THE
HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE
COURT, MANANTHAVADY
Annexure A11 A TRUE COPY OF THE ORDER IN BAIL
APPLICATION NO.206/2026, DATED
12.03.2026, BY THE HON'BLE COURT OF
SESSION, KOTTAYAM
Annexure A12 A TRUE COPY OF THE BAIL DISMISSAL ORDER
ISSUED BY THE THE HON'BLE JUDICIAL
FIRST-CLASS MAGISTRATE COURT, PONNANI,
DATED 25.03.2026
