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Kerala High Court
Vijeesh V vs State Of Kerala on 20 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:15665
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
BAIL APPL. NO. 838 OF 2026
PETITIONER/ACCUSED NO.3:
VIJEESH V.,
AGED 40 YEARS
S/O. VIJAYAN V.,‘VISMAYA', THURAVOOR
SOUTH, THURAVOOR, ALAPPUZHA, PIN - 688532.
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
SMT.BHAVANA SAJAN
SMT.FATHIMA FYROOZ RAFIQ
SMT.NANDANA R. D.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BYTHE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA,ERNAKULAM, PIN - 682031.
SMT./SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A.NO. 838 OF 2026 2
2026:KER:15665
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.3 in Crime
No.1068/2025 of Kollengode Police Station, Palakkad District.
The offences alleged are punishable under Sections 316(2) and
318(4) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
05.07.2024, accused No.1 called the defacto complainant over
phone and promised to help him to pay the tax on 8 acres of
land at Ayyajayinahundi in Mysore. Accused No.2 and the
applicant together introduced themselves as Village Officer and
Sub Registrar respectively, convinced the defacto complainant
and received an amount of 18,25,000/- from the defacto
complainant to the account of accused No.1 through bank
transfer. After that, they did not pay land tax nor returned the
money, and thereby cheated the defacto complainant. Thus,
the applicant committed the above-mentioned offences.
2026:KER:15665
4. I have heard Sri.K.R. Vinod, the learned
counsel for the applicant and Smt.Sreeja V., 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 applicant with
the alleged crime; hence, he is entitled to bail. The learned
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. I went through the FIS. There are no serious
allegations against the applicant. Admittedly, the money was
transferred to the account of the accused No.1. There is
nothing on record to show that the defacto complainant has
even met the applicant. The applicant has no criminal
antecedents. 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.
2026:KER:15665
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.
(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.
2026:KER:15665
(vi) The applicant 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
mea
B.A.NO. 838 OF 2026 6
2026:KER:15665
APPENDIX OF BAIL APPL. NO. 838 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE F.I.R.NO.1068/2025 OF
KOLLENGODE POLICE STATION DATED
13.11.2025
Annexure A2 TRUE COPY OF THE TRUST DEED HAVING
REGISTRATION NO.447/2001 OF SRO
ERNAKULAM
Annexure A3 TRUE COPY OF THE STATEMENT OF ACCOUNT
OF ‘MUTHALAMADA SNEHAM CHARITABLE
TRUST' WITH STATE BANK OF INDIA,
MUTHALAMADA BRANCH DURING THE PERIOD
01.04.2024 TO 31.03.2025
Annexure A4 TRUE COPY OF THE LEDGER ACCOUNT EXTRACT
OF THE MUTHALAMADA SNEHAM CHARITABLE
TRUST DURING THE PERIOD 01.04.2024 TO
31.03.2025
Annexure A5 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER ISSUED BY GIRIDHAR EYE
INSTITUTE, KADAVANTHARA DATED
01.07.2024
Annexure A6 TRUE COPY OF THE COMMON ORDER IN
B.A.NO.31/2026 ALONG WITH B.A.NO.7/2026
OF THE SESSI9ONS COURT, PALAKKAD DATED
31.01.2026
