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