Citation : 2026 Latest Caselaw 1739 Ker
Judgement Date : 18 February, 2026
2026:KER:14482
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
BAIL APPL. NO. 13097 OF 2025
CRIME NO.597/2025 of MUHAMMA POLICE STATION, ALAPPUZHA
AGAINST THE ORDER DATED IN CRMC NO.1239 OF 2025 OF DISTRICT
& SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY, ALAPPUZHA
PETITIONERS/ACCUSED NOS.1 AND 2:
1 MANEESH M G
AGED 36 YEARS
S/O MADHAVAN CHETTIYAR, M G BHAVAN, KIDARAKUZHI,
VENGANOOR P.O., VENGANOOR, THIRUVANANTHAPURAM DISTRICT,
PIN - 695523
2 MAHESH M G
AGED 44 YEARS
S/O MADHAVAN CHETTIYAR, M G BHAVAN, KIDARAKUZHI,
VENGANOOR P.O., VENGANOOR, THIRUVANANTHAPURAM DISTRICT,
PIN - 695523
BY ADVS.
SRI.S.RAJEEV FOR PETITIONER
SRI.VISHAK.K.JOHNSON
SMT.MARILIN ROMEO
SMT.PARVATHY S.
SHRI.REHIM RAWTHER
RESPONDENT/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM (ON BEHALF OF SI OF POLICE IN MUHAMMA
POLICE STATION, ALAPPUZHA DISTRICT), PIN - 682031
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
B.A. No.13097 of 2025
-2-
2026:KER:14482
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.13097 of 2025
-3-
2026:KER:14482
ORDER
This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking
pre-arrest bail.
2. The applicants are the accused Nos.1 and 2 in Crime
No.597/2025 of Muhamma Police Station, Alappuzha District.
The offences alleged are punishable under Sections 337, 318(4)
and 336 (3) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the applicants
on behalf of one Mr. Sali Shanavas submitted an application for
building permit for constructing a resort and paid prescribed
statutory fee. The application was returned pointing certain
defects. Thereafter, on 27.09.2025, a complaint was received
by the Panchayat from promoters of the resort alleging that
even after remitting fee of Rs.3,57,760/- for getting building
permit on 18.07.2025, permit was not issued to them. They
produced a receipt bearing No.1240201772/G040404 dated
18.07.2025 issued by the Panchayat. On examination, the
Secretary of the Panchayat realized that the receipt was a
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forged one and thereby the applicants have committed the
offences.
4. I have heard Sri.S.Rajeev, the learned counsel for
the applicants and Sri.K.A.Noushad, the learned Senior Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that
the applicants are innocent and have been falsely implicated in
the above crime. The counsel further submitted that no
materials are on record to connect the applicants with the
alleged crime; hence, they are entitled to get bail. The learned
Senior Public Prosecutor, on the other hand, submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicants, and if they are released on bail at this
stage, it will affect the course of the investigation.
6. The prosecution has no case that the alleged forged
document has been used as genuine one and presented before
the Panchayat. The only allegation is that the alleged document
was given to the defacto complainant. It appears that the
defacto complainant has no grievance. It is also borne out from
the records that subsequently the applicants paid the building
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permit fee and obtained building permit also. The applicants
have no criminal antecedents. Considering the allegations made
against the applicants, their custodial interrogation seems
unnecessary. For these reasons, I find this to be an appropriate
case to grant pre-arrest bail to the applicants.
In the result, the application is allowed on the following
conditions:-
(i) The applicants shall be released on bail in the event
of their arrest on executing a bond for Rs.1,00,000/- (Rupees
One lakh only) each 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 applicants shall fully cooperate with the
investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicants shall appear before the investigating
officer between 10.00 a.m. and 11.00 a.m. every Saturday until
further orders. They shall also appear before the investigating
officer as and when required.
(iv) The applicants shall not commit any offence of a like
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nature while on bail.
(v) The applicants 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 applicants 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:14482
APPENDIX OF BAIL APPL. NO. 13097 OF 2025
PETITIONERS' ANNEXURES:
Annexure A1 A TRUE COPY OF FIR NO.597/2025 OF MUHAMMA POLICE STATION, ALAPPUZHA DATED 09/10/2025 Annexure A2 A TRUE COPY OF ORDER IN CRL M C NO.
1239/2025 BEFORE THE HON'BLE SESSIONS JUDGE, ALAPPUZHA DATED 21/10/2025 Annexure A3 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE MUHAMMA GRAMA PANCHAYAT, ALAPPUZHA SHOWING APPLICATION DATE 15/10/2024 Annexure A4 A TRUE COPY OF FEES PAID RECEIPT NO.
1240201772/G040404 DATED 15/10/2024 ISSUED BY THE MUHAMMA GRAMA PANCHAYAT, ALAPPUZHA RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
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