Citation : 2026 Latest Caselaw 2675 Ker
Judgement Date : 8 April, 2026
2026:KER:31709
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 8TH DAY OF APRIL 2026/18TH CHAITHRA, 1948
BAIL APPL. NO. 1845 OF 2026
CRIME NO.783/2025 OF MANNUTHY POLICE STATION, THRISSUR
AGAINST THE ORDER DATED 12.02.2026 IN BA NO.228 OF 2026 OF
DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
THRISSUR
PETITIONERS/ACCUSED 4, 7, 8 AND 10:
1 JOHNY K O
AGED 67 YEARS, S/O. OUSEPH,
PALLIYANGANDI, PARAVATTANI, P.O.EAST FORT,
THRISSUR, PIN - 680651
2 SALEESH M.C
AGED 39 YEARS, S/O.CHANDRAN M.K
MANGALAM HOUSE, KAVITHA ROAD, P.O.KUTTANELLUR, PUTHUR,
THRISSUR, PIN - 680014
3 PRADEEPAN P R
AGED 50 YEARS, S/O. RAMDAS
PONGANAMOOLA HOUSE, P.O. MULLAYAM, THALIKKUND,
THRISSUR, PIN - 680651
4 JIJI JOY
AGED 54 YEARS, W/O.JOY,
VAIKKADAN HOUSE, MUKKATTUKARA, NETTISSERY P.O,
THRISSUR, PIN - 680651
BY ADV SHRI.K.J.MANU RAJ
BAIL APPL. NO. 1845 OF 2026
2
2026:KER:31709
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY REPRESENTED BY THE PUBLIC PROSECUTOR,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
MANNUTHY POLICE STATION, THRISSUR DISTRICT,
PIN - 680651
BY ADV.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1845 OF 2026
3
2026:KER:31709
ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
BNSS), seeking pre-arrest bail.
2. The applicants are the accused Nos.4, 7,
8 and 10 in Crime No.783/2025 of Mannuthy Police
Station, Thrissur District. The offences alleged are
punishable under Sections 316(2) and 318(4) read with
3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3. The prosecution case, in short, is that the
accused persons, who are society board members of
Ollukkara Town Peoples Welfare Co-operative Society, gave
a positive assertion to the de facto complainant, a lady
aged 66 years, who believing the directors of the society,
deposited a total amount of Rs.10,58,198/- in different
fixed deposits and chits which were not at all returned with
interest and thus, the accused persons committed cheating
as well as criminal breach of trust.
4. I have heard Sri. K.J.Manu Raj, the
learned counsel for the applicants and Sri. K.A.Noushad, BAIL APPL. NO. 1845 OF 2026
2026:KER:31709
the learned Senior Public Prosecutor. Perused the case
diary.
5. The learned counsel for the applicants
submitted that the applicants are innocent and have been
falsely implicated in the above crime. The counsel further
submitted that no materials are on record to connect the
applicants with the alleged crime; hence, they are entitled
to get bail. The learned Senior Public Prosecutor, on the
other hand, submitted that the alleged incident occurred as
a part of the intentional criminal acts of the applicants, and
if they are released on bail at this stage, it will affect the
course of the investigation.
6. The applicants are the directors of the
society. They have not received any money from the de
facto complainant directly. Moreover, in the FIS, there is
no allegation of inducement. The investigation is almost
over. Considering the allegations made against the
applicants, their custodial interrogation seems
unnecessary. For these reasons, I find this to be an
appropriate case to grant pre-arrest bail to the applicants. BAIL APPL. NO. 1845 OF 2026
2026:KER:31709
In the result, the application is allowed on the
following conditions:-
(i) The applicants shall be released on bail in
the event of their arrest on executing a bond for
Rs.1,00,000/- (Rupees One lakh only) each with two
solvent sureties for the like sum each to the satisfaction of
the arresting officer/investigating officer, as the case may
be.
(ii) The applicants shall fully cooperate with
the investigation, including subjecting themselves to the
deemed police custody for discovery, if any, as and when
demanded.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m.
every Saturday until further orders. They shall also appear
before the investigating officer as and when required.
(iv) The applicants shall not commit any
offence of a like nature while on bail.
(v) The applicants shall not attempt to
contact any of the prosecution witnesses, directly or BAIL APPL. NO. 1845 OF 2026
2026:KER:31709
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 applicants shall not leave the State of
Kerala without the permission of the trial Court.
(vii) The application, if any, for
deletion/modification of 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 ARK BAIL APPL. NO. 1845 OF 2026
2026:KER:31709
APPENDIX OF BAIL APPL. NO. 1845 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIRST INFORMATION REPORT NO. 783 OF 2025 MANNUTHY POLICE STATION, THRISSUR DISTRICT DATED 29.8.2025
ANNEXURE A2 A TRUE COPY OF THE ORDER OF THE HONOURABLE PRINCIPAL SESSIONS COURT, THRISSUR DATED 12.2.2026 IN B.A NO. 228 OF 2026
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