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Kerala High Court
Nisha vs State Of Kerala on 12 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:12840
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. 618 OF 2026
CRIME NO.1506/2025 OF KALLAMBALAM POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/2ND ACCUSED:
1 NISHA,
AGED 44 YEARS
KRISHNA KRIPA, CHEMMARUTHY, VADASSERIKONAM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695143
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
KALLAMBALAM POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695605
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.618 of 2026
-2-
2026:KER:12840
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.1506/2025 of Kallambalam Police Station,
Thiruvananthapuram District. The offences alleged are
punishable under Sections 78, 329(3) and 351(2) read with
Section 3(5) of the BNS and Sections 3 and 17 of the Kerala
Money Lenders Act, 1958.
3. The prosecution case, in short, is that the mother of
the defacto complainant had borrowed some money from the
applicant and the same was repaid. The applicant along with
other accused with a common intention to have unlawful
enrichment were repeatedly demanding exorbitant interest for
the money borrowed. On 14.12.2025, the applicant along with
other co-accused visited the residence of Vishnu at Kollam with
whom the marriage of the defacto complainant was fixed, made
false comment defaming the family members of the defacto
complainant, threatened them that if they proceed with the
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alliance they will attack the above said Vishnu and cause
hindrance during the marriage. The accused had also
threatened the defacto complainant and her family members
that if they failed to satisfy their demand for exorbitant interest,
they will do the needful to break up the alliance of the defacto
complainant with the Vishnu. Thereafter, Vishnu withdrew from
his proposal to marry the defacto complainant and due to the
mental agony she attempted to commit suicide by consuming
high quantity of tablets prescribed for illness 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, 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
2026:KER:12840
acts, and if she is released on bail at this stage, it will affect the
course of the investigation.
6. The only non-bailable offences are under Sections 3
and 7 of the Kerala Money Lenders Act. Going by the allegations
raised, it is doubtful whether those offences would be attracted.
The applicant has no criminal antecedents. Considering the
allegations made against the applicant, her 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
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.
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(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.
(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
SKP
2026:KER:12840
APPENDIX OF BAIL APPL. NO. 618 OF 2026
PETITIONER'S ANNEXURES:
Annexure 1 TRUE COPY OF THE ORDER OF THE ADDITIONAL
SESSIONS COURT NO.IV, THIRUVANANTHAPURAM IN
CRL.MC NO.3824/2025 DATED 20.01.2026
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
