[Cites 2, Cited by 0]
Kerala High Court
Rajendran vs State Of Kerala on 12 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:12813
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 12TH DAY OF FEBRUARY 2026/23RD MAGHA, 1947
BAIL APPL. NO. 279 OF 2026
CRIME NO.503/2025 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM
AGAINST THE JUDGMENT DATED 30.10.2025 IN BAIL APPL. NO.9164 OF 2025 OF
HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
RAJENDRAN
AGED 59 YEARS, S/O APPU NAIR,
13/437, MANIYARATH MEETHAL, MUYIPRA, ERAMALA, KURUNJALIYODU,
KOZHIKODE, PIN - 673542
BY ADV SMT.VIJAYAKUMARI
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
*2 JOYCHEN
S/O JOSEPH, THATTANPARAMBIL, PUTHIYA ROAD,
KOCHU KADAVANTHARA, ELAMKULAM, ERNAKULAM CITY,
PIN - 682020
*(IMPLEADED AS R2 VIDE ORDER DATED 29-1-26 IN CRL MA 1/26)
BY ADVS.
SHRI.SHINTO THOMAS
SRI.RAM VINAYAK
SHRI.MOHAMED ASLAM V.P.
SMT.SONA VIJAYAN K.
SMT.AYANA L BIJU
SHRI.ANANTHU R MURALI
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 279 OF 2026
2
2026:KER:12813
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.503/2025 of Town South Police Station,
Ernakulam District. The offences alleged are punishable
under Sections 406 and 420 read with Section 34 of the
Indian Penal Code.
3. The prosecution case, in short, is that the
accused entertained an intention to deceive the de facto
complainant and promised that there are certain money
lying in the credit of the Reserve Bank of India in the name
of one Mahesh and Devendran. If tax is paid, that amount
will be released and a portion of the amount will be paid to
the de facto complainant. Based on the representation and
inducement of the accused during the period from
14.08.2019 to 30.05.2023, from the account of the wife of
the de facto complainant Rs.28,10,000/- was transferred to
the account of the accused No.1. The amount was not
repaid so far. Thus, the applicant has committed the
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aforementioned offences.
4. I have heard Smt. Vijayakumari, the
learned counsel for the applicant, Sri. K.A.Noushad, the
learned Senior Public Prosecutor and the learned counsel
for the de facto complainant. Perused the case diary.
5. The learned counsel for the applicant
submitted that the applicant is innocent and has been
falsely implicated in the present case. 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. 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
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the applicant is very serious in nature, and it prima facie
shows a premeditated criminal act on his part. Admittedly,
Rs.28,10,000/- has been transferred to the account of the
applicant, out of which only Rs.9 lakhs was repaid. The
allegation also constitutes the creation of false documents
of the Reserve Bank of India and impersonation to deceive
the de facto complainant, which is very serious in nature.
7. The investigation is in a preliminary
stage. The custodial interrogation of the applicant is
necessary for the investigation. As rightly argued by the
learned Public Prosecutor, the possibility of the applicant
influencing the witnesses and interfering with the
investigation cannot be ruled out if he is 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 invoked. The bail
application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
BAIL APPL. NO. 279 OF 2026
2026:KER:12813
APPENDIX OF BAIL APPL. NO. 279 OF 2026
PETITIONER ANNEXURES
ANNEXURE:-A1 TRUE COPY OF THE FIR DATED 01/07/2025
DOWNLOADED FROM THE CONCERNED WEBSITE
ANNEXURE:-A2 TRUE COPY OF THE ORDER IN
CRL.M.C.NO.3397/2025 DATED 15/12/2025 ISSUED
BY THE SESSIONS COURT, ERNAKULAM
ANNEXURE:-A3 TRUE COPY OF THE 10 VARIOUS TRANSACTIONS
WHICH SHOWS THE DETAILS OF REPAYMENTS TO THE
DEFACTO COMPLAINANT BY THE PETITIONER IN
BETWEEN 2024 AND 2025 THROUGH ACCOUNTS
ANNEXURE:-A4 TRUE COPY OF THE ORDER IN
CRL.M.C.NO.8448/2025 DATED 16/10/2025 ISSUED
BY THIS HON'BLE COURT
RESPONDENT ANNEXURES
ANNEXURE R2(A) THE TRUE COPY OF THE AIRLINE TICKET DATED
14.08.2019
ANNEXURE R2(B) THE TRUE COPY OF THE CREDIT ADVICE ISSUED
UNDER THE LETTERHEAD OF THE RESERVE BANK OF
INDIA DATED 10.09.2022
ANNEXURE R2(C) THE TRUE COPY OF THE AIRLINE TICKET DATED
05.07.2023
ANNEXURE R2(D) THE TRUE COPY OF THE AIRLINE TICKET DATED
17.04.2024
ANNEXURE R2(E) THE TRUE COPY OF THE POLICE COMPLAINT DATED
18.06.2025
ANNEXURE R2(F) THE TRUE COPY OF THE RECEIPT OF THE COMPLAINT
ISSUED BY THE COMMISSIONER OF POLICE DATED
28.07.2025
ANNEXURE R2(G) THE TRUE COPY OF THE ORDER IN CRL.MC NO.
8448/2025, DATED 16.10.2025
