Citation : 2026 Latest Caselaw 1388 Ker
Judgement Date : 10 February, 2026
2026:KER:11906
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. 614 OF 2026
CRIME NO.1450/2025 OF THODUPUZHA POLICE STATION, IDUKKI
AGAINST THE ORDER DATED 22.01.2026 IN BA NO.80 OF 2026 OF
DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
THODUPUZHA
PETITIONER/ACCUSED NO.3:
HAPPY SURENDRAN
AGED 49 YEARS
SREENARAYANA VILAS, EAST MARADY P.O., MARADY VILLAGE,
MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 686673
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
SHRI.RINOY INNOCENT
SHRI.AADITHYA S.R.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
SRI.M.C.ASHI, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
B.A. No.614 of 2026
-2-
2026:KER:11906
10.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.614 of 2026
-3-
2026:KER:11906
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.3 in Crime
No.1450/2025 of Thodupuzha Police Station, Idukki District.
The offences alleged are punishable under Sections 316(2) and
318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita
(BNS), 2023, and Sections 406 and 420 r/w 34 of the Indian
Penal Code.
3. The prosecution case, in short, is that the applicant
had induced the defacto complainant to deposit an amount of
Rs.50,000/- with the accused No.4 by promising to provide
12% interest, thereafter failed to pay the interest or return the
principal amount and thereby committed the offences.
4. I have heard Sri.Enoch David Simon Joel, 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
2026:KER:11906
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. The applicant is the General Manager of the Micro
Credit Division of Nedumparambil Nidhi Limited. He has no
direct role in the matter of deposit. Accused No.1 is the branch
manager and he has been granted pre-arrest bail by this Court.
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 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.
2026:KER:11906
(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
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 SKP JUDGE 2026:KER:11906APPENDIX OF BAIL APPL. NO. 614 OF 2026
PETITIONER'S ANNEXURES:
Annexure A1 A TRUE COPY OF THE FIR DATED 04.08.2025 IN CRIME NO. 1450/2025 OF THODUPUZHA POLICE STATION.
Annexure A2 A TRUE COPY OF THE OFFER LETTER DATED 21.10.2021 GIVEN TO THE PETITIONER AT THE TIME OF HIS APPOINTMENT AS THE ZONAL MANAGER- MICRO CREDIT IN M/S N M NEDUMPARAMBIL NIDHI INDIA LTD.
Annexure A3 A TRUE COPY OF THE RELIEVING COME EXPERIENCE LETTER DATED 22.06.2025 ISSUED BY THE SENIOR MANAGER, HUMAN RESOURCES DEPARTMENT, M/S N M NEDUMPARAMBIL NIDHI LIMITED.
Annexure A4 THE ORIGINAL ORDER DATED 22.01.2026 IN B.A. NO. 80/2026 ON THE FILES OF THE HON'BLE SESSIONS COURT, THODUPUZHA.
Annexure A5 A TRUE COPY OF THE ORDER DATED 12.09.2025 IN B.A. NO. 10822/2025 ON THE FILES OF THIS HON'BLE COURT.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
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