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Kerala High Court
Sajeesh vs State Of Kerala on 19 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:15142
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
BAIL APPL. NO. 14524 OF 2025
CRIME NO.1095/2025 OF MANNARKKAD POLICE STATION, PALAKKAD
AGAINST THE JUDGMENT DATED 02.12.2025 IN CRMC NO.5043 OF
2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, PALAKKAD
PETITIONER/ACCUSED NO.2:
SAJEESH
AGED 45 YEARS
S/O VELAYUDHAN KAILASAM, PERINCHOLAM MANNARKKAD
POST, PALAKKAD DISTRICT, PIN - 678582.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AZAD SUNIL
SHRI.T.P.ARAVIND
SMT.AKSHARA S.
SHRI.MAHESWAR PADICKAL
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 STATION HOUSE OFFICER
B.A.Nos.14496 &
14524 OF 2025
2
2026:KER:15142
MANNARKKAD POLICE STATION, PALAKKAD DISTRICT,
PIN - 678582.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2026, ALONG WITH Bail Appl..14496/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.14496 &
14524 OF 2025
3
2026:KER:15142
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
BAIL APPL. NO. 14496 OF 2025
CRIME NO.1095/2025 OF MANNARKKAD POLICE STATION, PALAKKAD
AGAINST THE ORDER DATED 02.12.2025 IN CRMC NO.5059 OF
2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, PALAKKAD
PETITIONER/3RD ACCUSED:
NISHA.C
AGED 39 YEARS
CHERIKKALLIMMEL, THIRUVAZHAIYODE, PALAKKAD
DISTRICT, PIN - 679514.
BY ADVS.
SHRI.T.K.SANDEEP
SMT.RESHMA VISWANATHAN
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI.NOUSHAD K.A., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2026, ALONG WITH Bail Appl..14524/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.14496 &
14524 OF 2025
4
2026:KER:15142
ORDER
These applications are 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.2 and 3 in
Crime No.1095/2025 of Mannarkkad Police Station, Palakkad
District. The offences alleged are punishable under Sections
335(A)(i), 340(2), 318(3), 316(2), 316(4), 316(5), 318(4), 336(3)
and 338 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
accused No.1 who is the Secretary of the Mannarkkad Co-
operative Urban Credit society, with the help of applicant Nos.2
and 3 who are the clerks of the said society committed fraud by
showing that loans were given to the depositors of the society by
forging the documents and through that, without returning the
amount after the expiry of the deposits, committed breach of trust
and cheated the society without producing the amount of
Rs.1,73,40,343/- during the investigation. Thus the applicants
committed the offences alleged.
4. I have heard Sri.S.Rajeev and Sri.T.K.Sandeep,
the learned counsel for the applicants and Sri.M.C. Ashi and
B.A.Nos.14496 &
14524 OF 2025
2026:KER:15142
Sri.K.A. Noushad, the learned Senior Public Prosecutors. Perused
the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely implicated
in the present case. The counsel further submitted that no
materials are on record to connect the applicants with the alleged
crime; hence, they are entitled to bail. The learned Public
Prosecutors, on the other hand, submitted that the alleged
incident occurred as part of the applicants' intentional criminal
acts, and if they are released on bail at this stage, it will affect the
course of the investigation.
6. The law regarding the grant or refusal of pre-
arrest bail is well settled. Pre-arrest bail cannot be granted as a
matter of course. The power under Section 482 of BNSS could be
exercised only when a special case is made out, that too,
recording reasons thereof. Perusal of the case diary reveals that
the accusation made against the applicants is very serious in
nature, and it prima facie shows a premeditated criminal act on
their part. The applicants were working as clerks of the society
during the relevant period. The accused No.1 is the Secretary. The
allegation is that accused No.1 committed misappropriation with
the help of the applicants. The misappropriated amount involved
B.A.Nos.14496 &
14524 OF 2025
2026:KER:15142
is huge. Considering the facts and circumstances, the applicants
have to be interrogated.
7. The investigation is in a preliminary stage. The custodial
interrogation of the applicants is necessary for the investigation.
As rightly argued by the learned Public Prosecutors, the possibility
of the applicants influencing the witnesses and interfering with
the investigation cannot be ruled out if they are released on bail.
Considering the gravity of the offence and stage of the
investigation, I am of the view that this is not a fit case where the
extraordinary jurisdiction vested with this Court under Section 482
of BNSS could be invoked.
The bail applications are, therefore, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
mea
B.A.Nos.14496 &
14524 OF 2025
2026:KER:15142
APPENDIX OF BAIL APPL. NO. 14524 OF 2025
PETITIONER ANNEXURES
Annexure I THE COPY OF THE FIR IN CRIME NO
1095/2025 OF MANNARKKAD POLICE STATION
DATED 02.12.2025
Annexure II A COPY OF THE ORDER DATED 02.12.2025
PASSED BY THE COURT OF SESSIONS,
PALAKKAD DISTRICT IN CRL. MC 5043/2025
B.A.Nos.14496 &
14524 OF 2025
2026:KER:15142
APPENDIX OF BAIL APPL. NO. 14496 OF 2025
PETITIONER ANNEXURES
Annexure-1 A TRUE COPY OF THE FIR IN CRIME
1095/2025 OF MANNARKKAD POLICE STATION
DATED 12.10.2025
Annexure-2 A TRUE COPY OF THE COMMON ORDER IN
CRL.M.C 5059/2025 DATED 02.12.2025
PASSED BY SESSIONS COURT PALAKKAD
DIVISION
