Najumudheen vs State Of Kerala
2026 Latest Caselaw 1755 Ker

Citation : 2026 Latest Caselaw 1755 Ker
Judgement Date : 18 February, 2026

[Cites 1, Cited by 0]

Kerala High Court

Najumudheen vs State Of Kerala on 18 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                                2026:KER:14746


              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. 747 OF 2026

    CRIME NO.2194/2025 OF KAYAMKULAM POLICE STATION, ALAPPUZHA

AGAINST THE ORDER/JUDGMENT DATED 14.01.2026 IN BA NO.10 OF 2026 OF

   DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,

                                  ALAPPUZHA

PETITIONER/ACCUSED NO.1:

            NAJUMUDHEEN,
            AGED 65 YEARS, S/O USMANKUTTY,
            ALAMMOOTTIL HOUSE, CHERAVALLY, KAYAMKULAM,
            PIN - 690502

            BY ADVS.
            SHRI.C.S.MANILAL
            SRI.S.NIDHEESH




RESPONDENT/STATE:

            STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682031

            BY ADV.
            SRI.K.A. NOUSHAD, SR. PP.


     THIS   BAIL    APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 747 OF 2026
                                     2
                                                             2026:KER:14746


                                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.2194/2025 of Kayamkulam Police Station,

Alappuzha District. The offences alleged are punishable

under Sections 316(2) and 318(4) read with 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the

accused persons in furtherance of their common intention

to make unlawful enrichment to them and to cause

unlawful loss to the de facto complainant, persuaded him

to deposit an amount of Rs. 3.18 lakhs. Later the accused

persons failed to return the principal amount as agreed and

thereby committed the offences.

4. I have heard Sri. C.S.Manilal, 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 BAIL APPL. NO. 747 OF 2026

2026:KER:14746

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, 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 applicant is the President of the

Society. Admittedly, the de facto complainant was the

subscriber of a chit conducted by the Society and when he

prized the chit, he deposited the prized amount with the

Society as fixed deposit. It appears from the records that

thereafter, the Society has started an industrial unit and

the deposit made by the members of the Society were

converted for the said purpose. An enquiry was conducted

under Section 66(2) of the Co-operative Societies Act.

Even in the said enquiry, there is no allegation of

misappropriation or cheating, except certain managerial BAIL APPL. NO. 747 OF 2026

2026:KER:14746

lapses on the part of the committee in handling the

industrial unit. Considering the allegations made against

the applicant, his 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 his 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 himself 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. He shall also appear

before the investigating officer as and when required.

BAIL APPL. NO. 747 OF 2026

2026:KER:14746

(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