[Cites 2, Cited by 0]
Kerala High Court
Sindhu Chakrapani vs State Of Kerala on 6 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.14078 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
BAIL APPL. NO. 14078 OF 2025
PETITIONER(S):
1 SINDHU CHAKRAPANI
AGED 42 YEARS
W/O SATHEESHAN CHULLY,
R/O NAMBOORI KANDATHIL,
THIMIRI,KANNUR, PIN - 670571
2 RAHUL CHAKRAPANI
AGED 34 YEARS
S/O CHAKRAPANI NAMBOORI KANDATHIL,
R/O,NAMBOORI KANDATHIL,
KALIKULAM,THERTHALLI PO,
THIMIRI,ALAKODE,KANNUR, PIN - 670571
3 ANIL CHAKRAPANI
AGED 37 YEARS
S/O CHAKRAPANI NAMBOORI KANDATHIL,
R/O,NAMBOORI KANDATHIL,
KALIKULAM,THERTHALLI PO,
THIMIRI,ALAKODE,KANNUR, PIN - 670571
BY ADV SMT.NEERAJA V.S.
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM,
PIN - 682031
2 STATION HOUSE OFFICER
THE STATION HOUSE OFFICER,
ALAKODE KANNUR, PIN - 670571
B.A.No.14078 of 2025
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3 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.14078 of 2025
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ORDER
This application is 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.3, 1 and
2 in Crime No.949/2025 of Alacode West Police Station, Kannur
District. The offence alleged is punishable under Section 420
read with Section 34 IPC.
3. The prosecution case, in short, is that the
applicants, who were functioning respectively as the Managing
Director and Directors of the Royal Travancore Farmers
Producers Company Ltd., Karuvanchal branch, induced the
complainant and others to deposit money with their company
by promising high rates of interest. Believing the
representations made by the applicants, the complainant, his
wife, and his son deposited a total sum of Rs.4,21,630/- with
the said company. Even after the maturity period, the
applicants failed and neglected to return the said amount,
despite repeated demands. It is further submitted that the
applicants similarly cheated four other persons known to the
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complainant, collecting in total Rs.29,18,600/-, and failed to
return those deposits, thereby committing acts of cheating and
criminal breach of trust.
4. I have heard Smt. Neeraja V.S., the learned
counsel for the applicants and Smt. Sreeja V., 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 present case. The counsel further
submitted that no materials are on record to connect the
applicants with the alleged crime; hence, they are entitled to
bail. The learned Public Prosecutor, on the other hand,
submitted that the alleged incident occurred as part of the
applicants' intentional criminal acts, and if they are released
on bail at this stage, it will affect the course of the
investigation.
6. The law regarding the grant or refusal of pre-
arrest bail is well settled. Pre-arrest bail cannot be granted as
a matter of course. The power under Section 482 of BNSS
could be exercised only when a special case is made out, that
too, recording reasons thereof. Perusal of the case diary
reveals that the accusation made against the applicants is
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very serious in nature, and it prima facie shows a
premeditated criminal act on their part. The applicant No.2,
who is accused No.1, is the Managing Director and the
applicant Nos. 1 and 3, who are accused Nos. 3 and 2
respectively, are the Directors of the Company. The
investigation conducted so far would reveal that the applicants
have received money from the complainant. But it was not
repaid. The applicants are involved in seven other similar
cases. Even though the learned counsel for the applicants last
time submitted that the matter was settled by repaying the
amount to the complainant, the instruction taken from the
investigating officer would show that the amount has not been
repaid and the matter has not been settled.
7. The investigation is in a preliminary stage. The
custodial interrogation of the applicants is necessary for the
investigation. As rightly argued by the learned Public
Prosecutor, the possibility of the applicants influencing the
witnesses and interfering with the investigation cannot be
ruled out if they are released on bail. Considering the gravity
of the offence and stage of the investigation, I am of the view
that this is not a fit case where the extraordinary jurisdiction
vested with this Court under Section 482 of BNSS could be
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invoked. The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Jms
2026:KER:10974
APPENDIX OF BAIL APPL. NO. 14078 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO
949/2025 OF ALACODE POLICE STATION
KANNUR
Annexure 2 . TRUE COPY THE RELEASE INTERIM BAIL
ORDER DATED 31/10/2025 IS CRL.MC NO.
Annexure 3 A TRUE COPY OF THE FIRST DISMISSAL
ORDER DATED 1.11.2025 IN CRL MC NO.
Annexure 4 TRUE COPY OF THE MEDICAL DETAILS OF
THE PETITIONER
Annexure 5 TRUE COPY OF THE AFFIDAVIT SWORN BY
THE DEFACTO COMPLIANT
