[Cites 2, Cited by 0]
Kerala High Court
N.Nagappan vs State Of Kerala on 10 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 597 of 2026
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2026:KER:11914
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
BAIL APPL. NO. 597 OF 2026
CRIME NO.1139/2025 OF VANCHIYOOR POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/1ST ACCUSED:
N.NAGAPPAN
AGED 75 YEARS
NO.1 DAKSHA LAYA,
ABHIRAMI NAGAR, NAVAVOOR,
COIMBATORE, TAMIL NADU,
PIN - 641046
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
VANCHIYOOR POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695035
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 597 of 2026
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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 applicant is the accused No.1 in Crime
No.1139/2025 of Vanchiyoor Police Station,
Thiruvananthapuram District. The offences alleged are
punishable under Sections 324(3), 324(5), 332(c) and 189(2)
r/w Section 190 of the Bharatiya Nyaya Sanhita, and Section
3(1) of the Prevention of Damage to Public Property Act,
1984 (for short, 'the PDPP Act').
3. The prosecution case, in short, is that on
21.09.2025 at about 10 a.m., accused Nos.1 to 4 along with
10 other identifiable persons trespassed into the institution by
name 'Pharmaceuticals and Chemicals Travancore Private
Limited', situated at Ambalathummukku, by breaking open
the door of the office room and entered into the office and
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thereafter, destroyed the important registers, computers and
printers kept therein. Thereafter, the accused trespassed into
the bonded manufacturing room by breaking open the abkari
lock placed and sealed by the Excise Department and
thereafter, the tape on the steel tanks, which were stored
with spirit were removed and the lids were pulled out,
causing a total loss to the tune of Rs.3 lakhs and thereby
committed the offences.
4. I have heard Sri.Latheesh Sebastian, 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, he is entitled to bail. The learned Public
Prosecutor, on the other hand, submitted that the alleged
incident occurred as part of the applicant's intentional
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criminal acts, and if he is released on bail at this stage, it will
affect the course of the investigation.
6. The applicant is the landlord of the property where
Pharmaceuticals and Chemicals Travancore Pvt. Ltd. was
functioning, which is a private limited company. Hence, it is
doubtful whether the offence under the PDPP Act would be
attracted for the simple reason that it was under the control
of the Excise Department. Moreover, there are no materials to
show that the applicant was directly involved in the incident.
The applicant has no criminal antecedents. 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 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
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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 related to the
investigation.
(vi) The applicant shall not leave the State of Kerala
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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
APA
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APPENDIX OF BAIL APPL. NO. 597 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 TRUE CITIZEN COPY OF THE FIR IN CRIME NO.1139
OF 2025 OF VANCHIYOOR POLICE STATION DATED
22.09.2025
ANNEXURE 2 TRUE COPY OF THE PROPERTY TAX ISSUED BY THE
VILLAGE OFFICER, VANCHIYOOR VILLAGE DATED
01.04.2025
ANNEXURE 3 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
THE SECRETARY OF THIRUVANANTHAPURAM CORPORATION
IN FAVOUR OF THE PETITIONER DATED 21.05.2025
AND 26.01.2024
ANNEXURE 4 TRUE COPY OF THE CITIZEN COPY OF THE FIR IN
CRIME NO.1149/2025 OF VANCHIYOOR POLICE STATION
DATED 24.09.2025
ANNEXURE 5 TRUE COPY OF THE INTERIM ORDER OF THE HON'BLE
HIGH COURT OF KERALA IN W.P.(C) NO.38366/2025
DATED 16.10.2025
ANNEXURE 6 TRUE COPY OF THE ORDER OF THE SESSIONS COURT,
THIRUVANANTHAPURAM IN CRL.MC NO.3415/2025 DATED
25.11.2025
ANNEXURE 7 TRUE COPY OF THE ORDER OF THE SESSIONS COURT,
THIRUVANANTHAPURAM IN B.A NO.112/2026 DATED
24.01.2026
