[Cites 2, Cited by 0]
Kerala High Court
Narayanan Kutty M.K vs State Of Kerala on 18 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.14722/2025
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2026:KER:14588
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. 14722 OF 2025
CRIME NO.241/2025 OF Thrikkakara Police Station, Ernakulam
PETITIONERS:
1 NARAYANAN KUTTY M.K
AGED 64 YEARS
S/O. KRISHNAN NAIR,ROYAL CASTLE TIKNAR 9PH, DORAI
SWAMY IYER ROAD, KOCHI, PIN - 682035
2 SINDHU, AGED 60 YEARS
W/O. NARAYANAN KUTTY, ROYAL CASTLE TIKNAR 9PH,
DORAI SWAMY IYER ROAD, KOCHI, PIN - 682035
BY ADVS. SRI.K.M.FIROZ
SRI.DIPU JAMES
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
THRIKKAKKARA POLICE STATION, ERNAKULAM - 682030
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.14722/2025
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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 applicants are the accused Nos. 1 and 2 in
Crime No. 241/2025 of Thrikkakara Police Station, Ernakulam
District. The offences alleged are punishable under Sections 406
and 420 read with Section 34 of the IPC.
3. The prosecution case, in short, is that the
applicants promised the defacto complainant that they will
complete the construction of Flat No.A in the 6 th floor of the Tiknar
Sea Wood Voyage Flat. The construction activities were done by
M/s. Sea Wood Developers Private Limited Company and M/s.
Tiknar Home (P) Ltd Company. Based on the representation of
the applicants, the defacto complainant paid a sum of
₹28,93,562/- during the period from August 2011 to July 2012
through account and directly. That apart, the applicants received
₹26,76,716/- from one Mr. Biju Ramachandran and ₹25,76,716/-
from one Mr.Sreejith K.V who are the friends of the defacto
complainant. After receiving the amount, the applicants neither
constructed the flat nor repaid the amount and thereby committed
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the offences.
4. I have heard Sri. K.M. Firoz, the learned counsel
for the applicants and Sri. M.C. Ashi, 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 applicants are husband and wife. They are senior
citizens and directors of the construction company namely M/s.
Tiknar Homes Private Limited. The construction was started in the
year 2012. The learned counsel for the applicants submitted that
the dispute is of civil nature and the ingredients of the Section 406
of the IPC is lacking. 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
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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 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
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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
kp
2026:KER:14588
APPENDIX OF BAIL APPL. NO. 14722 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE TRIPARTITE AGREEMENT
Annexure A2 TRUE COPY OF IMAGES SHOWING THE
COMPLETION OF 12 FLOORS
Annexure A3 TRUE COPY OF THE ORDER DATED 16.12.2025
IN CRL.M.C. NO.3330 OF 2025
