Citation : 2026 Latest Caselaw 1466 Ker
Judgement Date : 11 February, 2026
2026:KER:12677
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026/22ND MAGHA, 1947
BAIL APPL. NO. 14083 OF 2025
CRIME NO.766/2025 OF MURIKKASSERY POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 12.11.2025 IN CRMC NO.709 OF 2025
OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, THODUPUZHA
PETITIONER/ACCUSED:
BABY SALINI
AGED 42 YEARS, W/O KUNJU
KADAVU COLONY PARAMBIKULAM PALAKKAD,
PIN - 678661
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SMT.DIPA V.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
SHRI.MAHESWAR PADICKAL
SHRI.T.P.ARAVIND
SMT.AKSHARA S.
SRI.RAAJESH S.SUBRAHMANIAN
BAIL APPL. NO. 14083 OF 2025
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2026:KER:12677
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031. (CRIME NO 766/2025 OF
(MURICKASSERY POLICE STATION IDUKKI DISTRICT)
2 STATION HOUSE OFFICER
MURIKASSERY POLICE STATION,
(CRIME NO. 766/2025 OF MURICKASSERY POLICE STATION
IDUKKI DISTRICT), PIN - 685604
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 14083 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 applicant is the accused in Crime
No.766/2025 of Murikkassery Police Station, Idukki
District. The offence alleged is punishable under Section
316(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that,
with a dishonest intention, the applicant who is working as
Postal Assistant at Murickassery Post Office,
misappropriated an amount of Rs 2,17,620/- which was
entrusted by customers under various postal schemes and
misused the fund for personal use and thereby committed
the offence.
4. I have heard Sri. S.Rajeev, 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 BAIL APPL. NO. 14083 OF 2025
2026:KER:12677
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 is a lady who belongs to the
SC/ST community, aged 42 years. According to the
applicant, one, Ms. Ammalu assisted her for handling the
cash; however, she deposited the entire amount allegedly
misappropriated on 05.08.2025 in the Postal Department.
Annexure I would substantiate the same. The applicant
has no criminal antecedents as well. Hence, I am of the
view that, her custodial interrogation is not necessary. 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:-
BAIL APPL. NO. 14083 OF 2025
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(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.
BAIL APPL. NO. 14083 OF 2025
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(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. 14083 OF 2025
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APPENDIX OF BAIL APPL. NO. 14083 OF 2025
PETITIONER ANNEXURES
ANNEXURE I COPY OF THE PAYMENT RECEIPT
ANNEXURE II A COPY OF THE CREDIT NOTE ISSUED TO THE PETITIONER
ANNEXURE III A COPY OF THE PAYING SLIP BY WHICH THE PETITIONER DEPOSITED THE AMOUNT
ANNEXURE IV COPY OF THE FIR IN CRIME NO 766/2025 OF MURIKASSERY POLICE STATION, IDUKKI DISTRICT
ANNEXURE V TRUE COPY OF THE ORDER PASSED BY THE COURT OF SESSIONS, THODUPUZHA DATED 12.11.2025 IN CRL
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