Saju P.K vs State Of Kerala
2026 Latest Caselaw 1045 Ker

Kerala High Court

Saju P.K vs State Of Kerala on 2 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                             2026:KER:8695
BAIL APPL. NOS. 13178 & 13179 OF 2025

                              1

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947

              BAIL APPL. NO. 13178 OF 2025

   CRIME NO.1089/2025 OF Anchal Police Station, Kollam

PETITIONER/ACCUSED NO.1:

         SAJU P.K
         AGED 42 YEARS
         S/O KUNJU KUTTY, PUTHENPARAMBIL HOUSE,
         KARAVALOOR PO, PUNALOOR, KOLLAM, PIN - 691333


         BY ADV SRI.K.V.SABU


RESPONDENT/COMPLAINANT:

         STATE OF KERALA
         REPRESENTED BY PP, HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682031

         BY ADV.SRI.K.A. NOUSHAD, SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ALONG WITH BA.NO.13179/2025 ON 02.02.2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
                                              2026:KER:8695
BAIL APPL. NOS. 13178 & 13179 OF 2025

                              2



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947

              BAIL APPL. NO. 13179 OF 2025

   CRIME NO.1089/2025 OF Anchal Police Station, Kollam

PETITIONER/ACCUSED NO.2:

         S. REJITH KUMAR
         AGED 53 YEARS
         S/O SODARAN, SREE KRISHNA NILAYAM, KURUVIKONAM,
         ANCHAL PO, KOLLAM, PIN - 691306


         BY ADV SRI.K.V.SABU


RESPONDENT/COMPLAINANT:

         STATE OF KERALA
         REPRESENTED BY PP, HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682031

         BY ADV. SRI.K.A. NOUSHAD, SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ALONG WITH BA NO.13178/2025 ON 02.02.2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
                                                  2026:KER:8695
BAIL APPL. NOS. 13178 & 13179 OF 2025

                               3



                           ORDER

These applications are 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.1089/2025 of Anchal Police Station, Kollam

District. The offences alleged are punishable under Sections

318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023

(for short, BNS) and Section 7(1) read with Section 17, Section

18(A) and Section 6(A) of the Kerala Money Lenders Act, 1958

and Section 3 read with Section 9(1)(a)(b) of the Kerala

Prohibition of Charging Exorbitant Interest Act, 2012.

3. The prosecution case, in short, is that the

applicants had been running money lending institutions at two

different places. The defacto complainant had borrowed a

total sum of Rs.1.14 crores from the applicants on the security

of title deeds of his properties, signed cheque leaves and

other signed stamp papers. The defacto complainant had

repaid a sum of Rs.1,45,00,000/-. The transaction occurred 2026:KER:8695 BAIL APPL. NOS. 13178 & 13179 OF 2025

during the period between 05.10.2020 and 10.09.2025. No

accounts or documents were kept for the transaction. No

receipt was issued for the payments made. The applicants had

been still trying to extract money from the defacto

complainant. The applicants had collected interest at

exorbitant rate than what have been permitted by law and

thereby committed the offences.

4. I have heard Sri.K.V.Sabu, 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. Annexure A1 would show that the applicants 2026:KER:8695 BAIL APPL. NOS. 13178 & 13179 OF 2025

have money lending license to conduct the money lending

business. Admittedly, the defacto complainant borrowed

money from the applicants. Even though it was contended

that the defacto complainant has repaid the money,

according to the defacto complainant, there is no receipt to

substantiate the same. Considering the allegations made

against the applicants, their custodial interrogation seems

unnecessary. For these reasons, I find these to be appropriate

cases to grant pre-arrest bail to the applicants.

In the result, the applications are 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 2026:KER:8695 BAIL APPL. NOS. 13178 & 13179 OF 2025

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 Mn 2026:KER:8695 BAIL APPL. NOS. 13178 & 13179 OF 2025

APPENDIX OF BAIL APPL. NO. 13178 OF 2025

PETITIONER ANNEXURES

Annexure A1 A COPY OF THE MONEY LENDING LICENSE NO.32020300337 DT.17.7.2025 ISSUED BY THE DEPUTY COMMISSIONER R.BINDHU, KOTTARAKKARA Annexure A2 COPY OF THE TAX RECEIPT ISSUED FROM KARAVALLOOR PANCHAYATH Annexure A3 A COPY OF THE CHEQUE BEARING NO.066927 DT.14.3.2023 Annexure A4 COPY OF THE LAWYER NOTICE DT.20.3.2023 ISSUED TO THE SAID HASEENA Annexure A5 . A COPY OF THE ORDER DT.22.10.2025 IN CRL.MC NO.2495/2025 PASSED BY THE LEARNED SESSIONS COURT, KOLLAM 2026:KER:8695 BAIL APPL. NOS. 13178 & 13179 OF 2025

APPENDIX OF BAIL APPL. NO. 13179 OF 2025

PETITIONER ANNEXURES

Annexure A1 A COPY OF THE MONEY LENDING LICENSE NO.32020395039 DT.15.4.2024 ISSUED FROM DEPUTY COMMISSIONER, TAX PAYER SERVICE DIVISION, KOTTARAKKARA Annexure A2 A COPY OF THE LICENSE ISSUED FROM ANCHAL GRAMA PANCHAYATH DT.27.8.2025 Annexure A3 A COPY OF THE SALE DEED DT.23.9.2022 BEARING NO.2433/2023 IN BETWEEN HASEENA AND THIS PETITIONER Annexure A4 COPY OF THE STATEMENT OF ACCOUNT FROM 1.4.2022 TO 26.3.2023 NOTING THE ACCEPTANCE OF MONEY BY THE SELLER Annexure A5 COPY OF THE RECEIPT DT.25.11.2024 FROM THE DEFACTO COMPLAINANT Annexure A6 A COPY OF THE RC PARTICULARS OF THE JCB BEARING JCB INDIA LTD, 3DX 2WS SIDE SHIFT, MODULAR CHASSIS EXCAVATOR Annexure A7 A COPY OF THE ORDER DT.22.10.2025 IN CRL.MC NO.2495/2025 PASSED BY THE LEARNED SESSIONS COURT, KOLLAM