Citation : 2026 Latest Caselaw 1979 Ker
Judgement Date : 24 February, 2026
2026:KER:16535
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF FEBRUARY 2026/5TH PHALGUNA, 1947
BAIL APPL. NO. 752 OF 2026
CRIME NO.1084/2025 OF OTTAPALAM POLICE STATION, PALAKKAD
PETITIONER/ACCUSED:
VINEETH MENON,
AGED 50 YEARS, S/O. P.S.MENON,
SUVIDHANA, EAST OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679101
BY ADVS.
SHRI.K.ARAVIND MENON
SRI.P.VIJAYA BHANU (SR.)
SRI.P.M.RAFIQ
SRI.M.REVIKRISHNAN
SRI.AJEESH K.SASI
SRUTHY N. BHAT
SMT.SRUTHY K.K
SHRI.AARON ZACHARIAS BENNY
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKUALM,
PIN - 682031
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 752 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 sole accused in Crime
No.1084/2025 of Ottapalam Police Station, Palakkad
District. The offence alleged is punishable under Section
318(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that,
during the period from May, 2022 to May, 2025, while the
de facto complainant was working in Dubai, the applicant,
with the intent to cheat the de facto complainant,
concealed his marriage and convinced the de facto
complainant by promising to believe that he would develop
business and return the money and also given promise to
marry, obtained Rs.4 crores from the de facto
complainant's account through account transactions and
debit card withdrawals on several times. Thereby the
applicant cheated the de facto complainant. Thus, the
applicant has committed the above mentioned offences. BAIL APPL. NO. 752 OF 2026
2026:KER:16535
4. I have heard Sri. P.Vijaya Bhanu, the
learned senior 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
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. A reading of the FIS would show that the
applicant and the victim met at Dubai in the year 2018 and
later on, the relationship became intense. According to the
victim, the applicant borrowed a total sum of Rs.4 crores
on various occasions, promising that it will be invested in
the business and will be provided high returns. According BAIL APPL. NO. 752 OF 2026
2026:KER:16535
to the applicant, he has borrowed only Rs.1,50,00,000/-
and out of which, Rs.1,40,00,000/- were returned. To
substantiate the same, Annexure 3 bank statement has
been produced. According to the victim, the applicant
promised that he will marry her and accordingly, she had
transferred the money to the applicant. Admittedly, the
applicant is a married man. 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 BAIL APPL. NO. 752 OF 2026
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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.
(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 ARK BAIL APPL. NO. 752 OF 2026
2026:KER:16535
APPENDIX OF BAIL APPL. NO. 752 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE FIR CRIME NO.1084/2025 OF OTTAPALAM POLICE STATION
ANNEXURE 2 A TRUE COPY OF THE ORDER DATED 30.01.2026 IN B.A.NO.03/2025 OF THE COURT OF SESSIONS, PALAKKAD DIVISION
ANNEXURE 3 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE APPLICANT FOR THE PERIOD 31.10.2022 TO 07.04.2025
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