[Cites 4, Cited by 0]
Kerala High Court
Raji vs State Of Kerala on 18 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:14601
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. 981 OF 2026
CRIME NO.27/2017 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA
AGAINST THE JUDGMENT DATED 29.10.2025 IN BAIL APPL. NO.12861 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
RAJI
AGED 40 YEARS, D/O PONNAPPAN
VAIKKATHUKARAN CHIRA HOUSE NEHRU TROPHY WARD
ALAPPUZHA, PIN - 688006
BY ADVS.
SRI.MANU HARSHAKUMAR
SHRI.RAPHAEL THEKKAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV.
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:
BAIL APPL. NO. 981 OF 2026
2
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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 applicant is the accused No.1 in
Crime No.27/2017 of Alappuzha North Police Station,
Alappuzha District. The offences alleged are punishable
under Sections 465, 471 and 420 of the Indian Penal Code.
3. The prosecution case, in short, is that the
applicant and the co-accused had cheated the de facto
complainant and her husband, obtained a sum of Rs.48
Lakhs from them, by forging a title deed in favour of her
and also forged a land tax receipt.
4. I have heard Sri. Manu Harshakumar, the
learned counsel for the applicant and Sri. M.C.Ashi, 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
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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 acts, and if she is
released on bail at this stage, it will affect the course of the
investigation.
6. The applicant is, at present, at Bahrain.
The learned Counsel for the applicant submits that the
applicant would be coming to Kerala on 20 th February,
2026. Even though the incident had taken place in the
year 2015, the crime was registered in the year 2017. The
learned Senior Public Prosecutor, on instructions, submits
that the investigation could not be completed due to the
absence of the applicant. It is further submitted that, since
the allegation of forgery is involved, the presence of the
applicant is necessary for the purpose of interrogation and
also for taking her finger prints, etc. Considering the entire
facts and circumstances, I am of the view that the
applicant should be given the benefit of pre-arrest bail,
subject to the condition of limited custody to the
investigating officer as contemplated in the decision of the
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Supreme Court in Sushila Aggarwal and Others v.
State (NCT of Delhi) and Another [(2020) 5 SCC 1].
In the result, the application is allowed on the
following conditions:-
(i) The applicant shall appear before the
investigating officer on 22.02.2026 at 10:00 a.m. for
interrogation.
(ii) The applicant can be interrogated for the
next two days from 10:00 a.m. to 04:00 p.m., if required,
after giving adequate intervals.
(iii) The applicant shall be deemed to be
under custody during the aforesaid period for facilitating
the requirement of investigation.
(iv) If the investigating officer intends to
arrest the applicant, then she shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only)
with two solvent sureties for the like sum each before the
investigating officer.
(v) The applicant shall fully cooperate with
the investigation, including subjecting herself to the
deemed police custody for discovery, if any, as and when
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demanded.
(vi) 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.
(vii) The applicant shall not commit any
offence of a like nature while on bail.
(viii) 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.
(ix) The applicant shall not leave the State of
Kerala without the permission of the trial Court.
(x) 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
ARK
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APPENDIX OF BAIL APPL. NO. 981 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO. 27/2017
DATED 06.01.2017 OF ALAPPUZHA NORTH POLICE
STATION.
ANNEXURE 2 TRUE COPY OF THE JUDGMENT IN CRL.MC NO.
1121/2026 DATED 10.02.2026.
ANNEXURE 3 TRUE COPY OF THE FLIGHT TICKET DATED
15.02.2026.
ANNEXURE 4 TRUE COPY OF THE BAIL ORDER IN CRL.MC
NO.1358/2025 DATED 03.12.2025.
ANNEXURE 5 TRUE COPY OF THE BAIL ORDER IN BA NO.
14586/2025 DATED 28.01.2026.
