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Kerala High Court
Vishakh K S vs State Of Kerala on 3 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:9137
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. 14266 OF 2025
CRIME NO.1296/2025 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED:
VISHAKH K S
AGED 30 YEARS
S/O SABU K MARKOSE, KAKKAPLACKIL HOUSE,
MOOVATTUPUZHA TALUK, KOOTHATTUKULAM VILLAGE,
KOOTHATTUKULAM KARA, ERNAKULAM RURAL,
KOOTHATTUKULAM P.O. KERALA, PIN - 686662
BY ADV SMT.SOORYA S.SHENOY
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, ALONG WITH Bail Appl..14272/2025, 14490/2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:9137
BAIL APPL. NOS.14266/2025
and con. Cases 2
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. 14272 OF 2025
CRIME NO.1296/2025 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
AGAINST THE ORDER DATED 25.11.2025 IN CRMC NO.3223 OF
2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/2ND ACCUSED:
VISHNU V,
AGED 36 YEARS
PULIYANIPPUZHAYIL (H), EZHACHERRY P.O.,
EZHACHERRY, KOTTAYAM DIST. KERALA, PIN - 686651
SRI.EMMANUEL CYRIAC
SRI.CYRIAC KURIAN
SMT.ELIZEBATH GEORGE
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
KOOTHATTUKULAM POLICE STATION,
ERANAKULAM, PIN - 686662
SRI.M.C.ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, ALONG WITH Bail Appl..14266/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:9137
BAIL APPL. NOS.14266/2025
and con. Cases 3
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. 14490 OF 2025
CRIME NO.1296/2025 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
AGAINST THE ORDER DATED IN CRMC NO.3223 OF 2025 OF
DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED NO.6:
NISANTH V. R.,
AGED 39 YEARS
S/O V.B. RAJAKUMAR, JAYASREE NIVAS, KOOTHATTUKULAM
P.O., PERUMKUTTY, ERNAKULAM, PIN - 686662
SRI.AKHIL VIJAY
SRI.MOHAMMED ASHRAF
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
KOOTHATTUKULAM POLICE STATION
KOOTHATTUKULAM P.O., ERNAKULAM, PIN - 686662
SRI.M.C.ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, ALONG WITH Bail Appl..14266/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:9137
BAIL APPL. NOS.14266/2025
and con. Cases 4
ORDER
These applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicant in B.A. No.14266/2025 is accused No.5;
the applicant in B.A. No.14272/2025 is accused No.2 and the
applicant in B.A. No.14490/2025 is accused No.3 in Crime
No.1296/2025 of Koothattukulam Police Station, Ernakulam
District. The offences alleged are punishable under Sections
316(2) and 318(4) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the defacto
complainant is the Senior Manager of Canara Bank,
Koothattukulam branch. Accused No.1 is the gold appraiser of the
bank. Accused No.1, in furtherance of the common intention of
accused Nos.2 to 7, during the period from 19.07.2025 to
02.09.2025, has pledged spurious gold ornaments of 431.6 grams
on several occasions in the name of accused Nos.2 to 7 and
obtained a loan of ₹29,31,000/-. Accused Nos.2 to 7 brought
spurious gold ornaments and accused No.1, who has knowledge of
2026:KER:9137
the same, certified that they are real gold and availed loan in the
name of accused Nos.2 to 7. Accused Nos.1 to 7 deceived the
Canara Bank. Thus, the applicants have committed the
aforementioned offences.
4. I have heard the learned counsel for the applicants and
the learned Senior Public Prosecutors. 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
Prosecutors, 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 persons who pledged spurious
gold ornaments with the bank. Thus, there is prima facie material
against them to show their involvement in the crime. However, it
is submitted by the learned counsel for the applicants that they
have repaid the entire loan amount and there is no due. The
learned Senior Public Prosecutors on instructions submit that the
2026:KER:9137
said submission is true and the loan has been repaid. In these
circumstances, I am of the view that the custodial interrogation of
the applicant is not necessary. 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 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
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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
NP
2026:KER:9137
APPENDIX OF BAIL APPL. NO. 14266 OF 2025
PETITIONER ANNEXURES
Annexure A1 RECEIPT
Annexure A2 TRIAL COURT JUDGMENT
2026:KER:9137
APPENDIX OF BAIL APPL. NO. 14272 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
1296/2025 OF KOOTHATTUKULAM POLICE
STATION DATED 30-10-2025 OF
KOOTHATTUKULAM POLICE STATION
Annexure A2 TRUE COPY OF THE ORDER IN CRL.MC
3223/2025 DATED 25-11-2025 DISMISSING
THE ANTICIPATORY BAIL OF THE PETITIONER
Annexure A3 PHOTOCOPY OF THE COUNTERFOIL OF THE
AMOUNT REMITTED DATED 17-10-2025
Annexure A4 SCREENSHOTS OF THE SMS REGARDING THE
CLOSURE OF THE LOAN, RECEIVED BY THE
PETITIONER DATED 17-10-2025
Annexure A5 TRUE COPY OF THE INTERIM ORDER DATED 29-
11-2025 IN BAIL. APPL. NO. 14266 OF 2025
2026:KER:9137
APPENDIX OF BAIL APPL. NO. 14490 OF 2025
PETITIONER ANNEXURES
Annexure P1 A TRUE COPY OF THE FIR IN CRIME NO.
1296/2025 OF THE KOOTHATTUKULAM POLICE
STATION
Annexure P2 A TRUE COPY OF THE DEPOSIT SLIPS (02
NOS) ISSUED FROM THE CANARA BANK,
KOOTHATTUKULAM BRANCH DATED 14/10/2025
Annexure P3 A TRUE COPY OF THE ORDER DATED
25/11/2025 IN CRIMINAL M.C. NO.3223 OF
2025 PASSED BY THE HONORABLE COURT OF
SESSIONS, ERNAKULAM
