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Sujitha Gopakumar vs State Of Kerala
2026 Latest Caselaw 1123 Ker

Citation : 2026 Latest Caselaw 1123 Ker
Judgement Date : 3 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Sujitha Gopakumar vs State Of Kerala on 3 February, 2026

Author: Kauser Edappagath
Bench: Kauser Edappagath
                                                             2026:KER:9209


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

      TUESDAY, THE 3RD DAY OF FEBRUARY 2026/14TH MAGHA, 1947

                      BAIL APPL. NO. 432 OF 2026

    CRIME NO.1096/2024 OF NOORANADU POLICE STATION, ALAPPUZHA

PETITIONER/ACCUSED:

            SUJITHA GOPAKUMAR,
            AGED 50 YEARS, D/O SUKUMARI,
            RESIDING AT MANGATTETHU, GOVINDAMUTTOM MURI,
            PUTHUPALLY VILLAGE, KARTHIKAPPALLY TALUK,
            GOVINDAMUTTOM P.O., ALAPPUZHA, PIN - 690527

            BY ADVS.
            SHRI.AROMALUNNI M.S.
            SHRI.ANIL KUMAR K.
            SHRI.BINU BABUKUTTAN
            SMT.NIMA MERIYAM KOSHY




RESPONDENT/RESPONDENT/STATE AND COMPLAINANT:

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

            BY ADV.
            SRI.M.C. ASHI, SR. PP


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 432 OF 2026
                                            2
                                                                        2026:KER:9209

                                        ORDER

Dated this the 03rd day of February, 2026

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,

BNSS), seeking pre-arrest bail.

2. The applicant is the accused in Crime

No.1096/2024 of Nooranadu Police Station, Alappuzha

District. The offences alleged are punishable under

Sections 318(4) and 316(2) read with 3(5) of the Bharatiya

Nyaya Sanhita, 2023.

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

accused No.1 is the President and the applicant is the

Secretary of Vyapari Vyavasayi Co-operative Society

Limited No.A1091, Kayamkulam, Alappuzha. During the

period from 20.08.2004, the office of the said Society

functioned in a shop building owned by one Yesudas, S/o.

Thomas, Loordupuram House, bearing No.VII/113A of

Chunakkara Panchayat, Chunakkara Village. The accused

persons, with intention to make unlawful enrichment to

them and to cause unlawful loss to the de facto BAIL APPL. NO. 432 OF 2026

2026:KER:9209

complainant, promising interest @7.25%, obtained fixed

deposit of Rs.2,55,000/- from him and Rs.3,55,061/- by

way of chitty installments and thereby misappropriated a

total amount of Rs.6,11,061/-.

4. I have heard Sri. Dr. Aromalunni M.S, 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 above crime. The counsel further

submitted that no materials are on record to connect the

applicant with the alleged crime; hence, she is entitled to

bail. The learned Senior Public Prosecutor, on the other

hand, submitted that the alleged incident occurred as part

of the applicant's intentional criminal acts, and if she is

released on bail at this stage, it will affect the course of the

investigation.

6. The applicant is the Secretary of the

Society. I went through the FIS. There is no allegation

that the applicant, in any way, induced the de facto

complainant to deposit the money. That apart, the specific BAIL APPL. NO. 432 OF 2026

2026:KER:9209

allegation is that money was not repaid, since the

Charummood Branch of the Society was closed.

Considering the allegations made against the applicant, her

custodial interrogation seems unnecessary. For these

reasons, I find this to be an appropriate case to grant pre-

arrest bail to the applicant.

In the result, the application is allowed on the

following conditions:-

(i) The applicant shall be released on bail in

the event of her arrest 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

arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with

the investigation, including subjecting herself to the

deemed police custody for discovery, if any, as and when

demanded.

(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 investigating officer as and when required.

BAIL APPL. NO. 432 OF 2026

2026:KER:9209

(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 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. 432 OF 2026

2026:KER:9209

APPENDIX OF BAIL APPL. NO. 432 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE FIR ALONG WITH THE FIRST INFORMATION STATEMENT OF THE COMPLAINANT DATED 05.09.2024 IN CRIME NO: 1096/2024 OF NOORANADU POLICE STATION

ANNEXURE A2 THE COPY OF THE RELEVANT PAGE OF THE BYLAW

ANNEXURE A3 THE AUDIT REPORT OF THE JOINT REGISTRAR

ANNEXURE A4 THE COPY OF THE RECEIPT DATED SEPTEMBER 19/9/

ANNEXURE A5 THE CERTIFIED COPY OF THE ORDER DATED 06.01.2026 IN CRL.M.C.NO. 1565/2025 PASSED BY PRINCIPAL SESSION'S JUDGE, ALAPPUZHA

 
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