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Kerala High Court
Eldhose K Lal vs State Of Kerala on 9 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:11574
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 9TH DAY OF FEBRUARY 2026/20TH MAGHA, 1947
BAIL APPL. NO. 12391 OF 2025
CRIME NO.827/2025 OF SREEKANDAPURAM POLICE STATION, KANNUR
PETITIONER/ACCUSED NO.2:
ELDHOSE K LAL,
AGED 30 YEARS, S/O LAL T JACOB,
KUTTIPPALAKKAL HOUSE, KOOTHATTUKULAM P.O,
ERNAKULAM DISTRICT, PIN - 686662
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SRI.BIBIN MATHEW
SRI.P.M.MATHEW
SRI.AMARNATH R LAL
SHRI.SANALDEV E.P.
SMT.VISHNUMAYA ANANDAN
SHRI.SONYMON ANTONY
SMT.SHIFANA M.
SHRI.ABHIJITH P.A.
SHRI.AKHIL KRISHNAN A.
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT,
PIN - 670101
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 12391 OF 2025
2
2026:KER:11574
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 the accused No.2 in
Crime No.827/2025 of Sreekandapuram Police Station,
Kannur District. The offences alleged are punishable under
Sections 406 and 420 read with 34 of the Indian Penal
Code.
3. The prosecution case, in short, is that, on
different dates during the period from 08.11.2019 to
15.12.2023, the accused (A1& A2), together with dishonest
intention of cheating, had induced the de facto complainant
by offering the job visa as Caretaker in Israel and received
a total amount of Rs.6,38,900/- directly and through
account transfer. They have neither arranged the visa nor
returned the cash. Thereby the applicant has committed
the offences.
4. I have heard Sri. K.Mohammed Rafeeq,
the learned counsel for the applicant and Sri. M.C.Ashi, the
BAIL APPL. NO. 12391 OF 2025
2026:KER:11574
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, he 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 he is
released on bail at this stage, it will affect the course of the
investigation.
6. In similar cases, the applicant was
granted anticipatory bail by this Court holding that he is
only an employee of the accused No.1. The accused No.1
has already been released on bail. The investigation is
almost over. Considering the allegations made against the
applicant, his 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
BAIL APPL. NO. 12391 OF 2025
2026:KER:11574
following conditions:-
(i) The applicant shall be released on bail in
the event of his 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 himself 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. He 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
BAIL APPL. NO. 12391 OF 2025
2026:KER:11574
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. 12391 OF 2025
2026:KER:11574
APPENDIX OF BAIL APPL. NO. 12391 OF 2025
PETITIONER ANNEXURES
ANNEXURE-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 827/2025 OF SREEKANDAPURAM POLICE
STATION.
ANNEXURE-2 TRUE COPY OF THE BAIL ORDER DATED 31.01.2025
IN BA NO. 10795/2024 ON THE FILE OF THE
HONOURABLE HIGH COURT OF KERALA.
ANNEXURE-3 TRUE COPY OF THE ANTICIPATORY BAIL ORDER
DATED 03.07.2025 IN BA 7875/2025 IN CRIME NO.
400/2025 OF KUDIYANMALA POLICE STATION ON THE
FILE OF THE HONOURABLE HIGH COURT OF KERALA.
ANNEXURE-4 TRUE COPY OF THE BAIL ORDER DATED 12.08.2025
IN BA NO. 8653/2025 ON THE FILE OF HONOURABLE
HIGH COURT OF KERALA.
ANNEXURE-5 TRUE COPY OF THE ORDER DATED 25.09.2025 IN
CRL. M.C. NO. 1352/2025 ON THE FILE OF THE
HONOURABLE DISTRICT AND SESSIONS COURT,
KANNUR.
ANNEXURE-6 TRUE COPY OF THE ORDER DATED 23.09.2025 IN
CRL. M.C. NO. 1339/2025 ON THE FILE OF THE
DISTRICT AND SESSIONS COURT, THALASSERY,
KANNUR DISTRICT.
