[Cites 5, Cited by 0]
Kerala High Court
P Santhakumari vs The State Of Kerala on 4 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:9648
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
BAIL APPL. NO. 14673 OF 2025
CRIME NO.3050/2023 OF CRIME BRANCH, THIRUVANANTHAPURAM
AGAINST THE ORDER DATED 08.04.2025 IN CRMC NO.970 OF
2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V,
THIRUVANANTHAPURAM ARISING OUT OF THE ORDER DATED 23.09.2025
IN CRMC NO.2614 OF 2025 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - V, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
P. SANTHAKUMARI
AGED 65 YEARS
W/O. HRISHIKESHAN NAIR, SINDHOORAM,
ANCHUTHENGINMOODU, KULATHUMMAL VILLAGE, KATTAKADA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695572
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.NIRANJAN T. PRADEEP
RESPONDENT/STATE:
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:9648
BAIL APPL. NO. 14673 OF 2025
2
ORDER
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 an accused in Crime No.3050/2023 of
Crime Branch, Thiruvananthapuram District. The offences alleged
are punishable under Sections 420 and 409 read with Section 34
of the Indian Penal Code and Section 3 read with Section 21 and
Section 5 read with Section 23 of the Banning of Unregulated
Deposit Schemes Act, 2019.
3. The prosecution case, in short, is that the applicant,
who was the former secretary of the Kandala Service Co-operative
Bank Ltd., along with the former president and former board
members of the society, with an intention to deceive the
depositors, during the respective tenures dishonestly induced the
defacto complainants to invest money in various schemes in the
Kandala Service Co-operative Bank Ltd. by promising higher
interest rates for investment in contravention to the interest rates
issued by the Co-operative Department. By trusting the promise of
the accused, the defacto complainants deposited amounts varying
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BAIL APPL. NO. 14673 OF 2025
from Rs.1,00,000/- to Rs.15,00,000/-. The applicant failed to repay
the amount assured on maturity and thus cheated the defacto
complainants.
4. I have heard Sri.R.T.Pradeep, the learned counsel for
the applicant and Sri.M.C.Ashi, 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 was working as the Secretary of the
society. She retired from service on 31.12.2017. The applicant is a
lady aged 65 years. There is no personal allegation against the
applicant that she induced the defacto complainants to make
deposits in the society. 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-
2026:KER:9648
BAIL APPL. NO. 14673 OF 2025
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.
(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.
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BAIL APPL. NO. 14673 OF 2025
(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
NP
2026:KER:9648
BAIL APPL. NO. 14673 OF 2025
APPENDIX OF BAIL APPL. NO. 14673 OF 2025
PETITIONER ANNEXURES
Annexure I TRUE COPY OF NOTICE DATED 15.1.2025 UNDER
SECTION 41A IN CRIME
NO.3089/CBCU-IV/TVPM/R/2023 BY THE
DETECTIVE INSPECTOR TO PETITIONER TO
APPEAR ON 17.1.2025
Annexure II TRUE COPY OF COMMON ORDER DATED 8.4.2025
IN CRL.M.C. NO.970/2025 IN CRIME
NO.3050/2023 OF CRIME BRANCH,
THIRUVANANTHAPURAM BY THE COURT OF
ADDITIONAL SESSIONS JUDGE-V,
THIRUVANANTHAPURAM
Annexure III TRUE COPY OF NOTICE DATED 16.10.2023 UNDER
SECTION 68(2) OF THE KERALA CO-OPERATIVE
SOCIETIES ACT 1969 BY THE JOINT REGISTRAR
(GENERAL) OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM DISTRICT TO THE
PETITIONER
Annexure IV TRUE COPY OF REPLY DATED 27.10.2023 BY
PETITIONER TO ANNEXURE III
Annexure V TRUE COPY OF ORDER DATED 11.6.2025 IN BAIL
APPL. NO.6194/2025 OF THE HON'BLE HIGH
COURT OF KERALA
Annexure VI FREE COPY OF THE ORDER DATED 23.9.2025 IN
CRL.M.C. NO.2614/2025 OF THE SESSIONS
COURT, THIRUVANANTHAPURAM
Annexure VII TRUE COPY OF JUDGMENT DATED 11.7.2025 IN
O.P.(CRL.) NO.39/2025 BY THE HON'BLE HIGH
COURT OF KERALA
Annexure VIII TRUE COPY OF COMMUNICATION NO.F.
NO.ECIR/KCZO/42/2023 DATED 20.8.2025 FROM
DEPUTY DIRECTOR, DIRECTORATE OF
ENFORCEMENT TO THE DISTRICT REGISTRAR
(GENERAL), THIRUVANANTHAPURAM RELEASING
THE ATTACHMENT OF PROPERTIES OF FORMER
PRESIDENT OF THE SOCIETY AND THE MEMBERS
OF HIS FAMILY
Annexure IX TRUE COPY OF ORDER DATED 25.2.2025 IN SLP
(CRL.) NOS.403-408/2024 BY THE HON'BLE
SUPREME COURT OF INDIA
