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Kerala High Court
Jose Thomas vs State Of Kerala on 8 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:31547
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. 1856 OF 2026
CRIME NO.101/2026 OF SANTHANPARA POLICE STATION, IDUKKI
AGAINST THE ORDER DATED 11.03.2026 IN BA NO.166 OF 2026 OF
DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
THODUPUZHA
PETITIONERS/ACCUSED 1 AND 2:
1 JOSE THOMAS
AGED 54 YEARS
S/O. THOMAS, KOCHUPURACKAL HOUSE, KALLUPALAM KARA,
CHATHURANGAPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI
DISTRICT, PIN - 685554
2 MOHANAN K.N.
AGED 64 YEARS
S/O. NARAYANAN, KANJIRATHINKAL HOUSE, VETTUVANTHIRI
KARA, CHINNAKANAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI
DISTRICT, PIN - 685618
BY ADVS.
SHRI.PRAVEEN S.
SMT.AJISHA M.S.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.1856 of 2026
-2-
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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.1 and 2 in Crime
No.101/2026 of Santhapara Police Station, Idukki District. The
offences alleged are punishable under Sections 329(2) and
303(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for
short, 'BNS').
3. The prosecution case, in short, is that the accused
persons, without obtaining any authorization to cut or remove
trees from government land and with the intention of
trespassing into government property and committing theft, on
11.10.2025, during daytime, near Muthamma Colony in the
Anayirankal area of Chinnakanal Village, criminally trespassed
into government revenue puramboke land comprised in Survey
No. 311/19. It is alleged that accused Nos.1 to 4, using two
machine saws and a rope, cut and removed about 30
eucalyptus trees and other forest trees valued at approximately
Rs.25,000/- (Rupees Twenty-five Thousand only), which were
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standing on the said property, and thereafter loaded the same
into a jeep bearing Registration No. KL-01-T-2021, committed
theft and thereby committed the offences.
4. I have heard Sri.Praveen S., the learned counsel for
the applicants and Sri.K.A.Noushad, 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 applicant No.2 is the owner of the property
adjacent to the puramboke from where the trees were allegedly
cut and removed. The applicant No.1 is the contractor who
undertook to cut and remove the trees. According to the
applicant No.2, he cut and removed the eucalyptus trees from
his property after obtaining necessary permission. It is his case
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that since there is no physical demarcating boundary to
demarcate his property with that of the puramboke,
inadvertently he cut few trees situated therein also. The definite
case of the applicants is that it was not at all intentional. The
record would show that the revenue authorities have already
initiated proceedings under the Kerala Land Conservancy Act,
1957, assessed the loss and imposed penalty, which had been
paid by the applicant No.2. Annexure-A3 is the receipt showing
the payment of the penalty. In this circumstances, I am of the
view that the custodial interrogation of the applicants is not
necessary. The investigation is almost over. The applicants have
no criminal antecedents. For these reasons, I find this to be an
appropriate case to grant pre-arrest bail to the applicants.
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
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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 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
SKP
2026:KER:31547
APPENDIX OF BAIL APPL. NO. 1856 OF 2026
PETITIONERS' ANNEXURES:
Annexure A1 THE TRUE COPY OF THE FIR & FIS DATED
04.02.2026 IN CRIME NO. 101/2026
SANTHANPARA POLICE STATION, IDUKKI DISTRICT
Annexure A2 THE TRUE COPY OF THE ORDER DATED 11.03.2026
PASSED BY THE SESSIONS JUDGE, THODUPUZHA IN
BA NO. 166/2026 IN CRIME NO. 101/2026 OF
SANTHANPARA POLICE STATION, IDUKKI DISTRICT
Annexure A3 THE TRUE COPY OF THE RECEIPT SHOWING
PAYMENT OF THE PENALTY TO THE TUNE OF RS.
77,180/- (SEVENTY SEVEN THOUSAND ONE
HUNDRED AND EIGHTY) DATED 23.12.2025
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
