Citation : 2026 Latest Caselaw 1992 Ker
Judgement Date : 24 February, 2026
2026:KER:16381
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. 13386 OF 2025
CRIME NO.1291/2025 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.6:
NANDAKUMARI
AGED 63 YEARS
W/O. RAJAN A, AMBATTU HOUSE, KEERTHI NAGAR,
AYYANTHOLE P. OTHRISSUR -, PIN - 682031.
BY ADVS.
SHRI.N.U.HARIKRISHNA
SRI.MITHUN BABY JOHN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13380/2025, 13385/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A.Nos.13386/2025
& connected cases 2
2026:KER:16381
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. 13380 OF 2025
CRIME NO.1284/2025 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.6:
NANDAKUMARI
AGED 63 YEARS
W/O. RAJAN A, AMBATTU HOUSE, KEERTHI NAGAR
AYYANTHOLE P. O., THRISSUR ., PIN - 680003.
BY ADVS.
SRI.MITHUN BABY JOHN
SHRI.N.U.HARIKRISHNA
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13386/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13386/2025
& connected cases 3
2026:KER:16381
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. 13385 OF 2025
CRIME NO.1283/2025 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.6:
NANDAKUMARI
AGED 63 YEARS
W/O. RAJAN A, AMBATTU HOUSE, KEERTHI NAGAR,
AYYANTHOLE P. O., THRISSUR, PIN - 680003.
BY ADVS.
SHRI.N.U.HARIKRISHNA
SRI.MITHUN BABY JOHN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13386/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13386/2025
& connected cases 4
2026:KER:16381
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. 13394 OF 2025
CRIME NO.1242/2025 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.4:
NANDAKUMARI
AGED 63 YEARS
W/O. RAJAN A, AMBATTU HOUSE, KEERTHI NAGAR,
AYYANTHOLE P. O THRISSUR, PIN - 680003.
BY ADVS.
SRI.MITHUN BABY JOHN
SHRI.N.U.HARIKRISHNA
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13386/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13386/2025
& connected cases 5
2026:KER:16381
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. 13397 OF 2025
CRIME NO.1285/2025 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.6:
NANDAKUMARI,
AGED 63 YEARS
W/O. RAJAN A, AMBATTU HOUSE, KEERTHI NAGARM,
AYYANTHOLE P. O THRISSUR, PIN - 680003.
BY ADVS.
SRI.MITHUN BABY JOHN
SHRI.N.U.HARIKRISHNA
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13386/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13386/2025
& connected cases 6
2026:KER:16381
ORDER
[Bail Appl. Nos.13386/2025, 13380/2025, 13385/2025,
13394/2025, 13397/2025]
These applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail. All these bail applications are connected.
2. The applicant is the accused No.4 in B.A.
No.13394 of 2025 and accused No.6 in the remaining cases. The
bail application No. 13386 of 2025 pertains to Crime
No.1291/2025, the bail application No. 13380 of 2025 pertains to
Crime No. 1284/2025, the bail application No. 13385 of 2025
pertains to Crime No. 1283/2025, the bail application No. 13394 of
2025 pertains to Crime No. 1242/2025, and the bail application
No. 13397 of 2025 pertains to Crime No. 1285/2025, all of which
are registered at Town East Police Station, Thrissur District. The
offences alleged are punishable under Sections 406 and 420 r/w
Section 34 of the Indian Penal Code, 1860.
3. The applicant was the internal auditor of the
State Bank of India Staff Co-operative Society Ltd. till 2016. The
common allegation in all the cases is that the applicant, along
with the other accused, who are staff members, office bearers,
2026:KER:16381
and board members of the society, fraudulently induced the
respective de facto complainants to invest money in the society
by promising lucrative interest and then cheated them by failing
to return the principal amount with the promised interest on
maturity, and thereby committed the offences.
4. I have heard Sri.Mithun Baby John, the learned
counsel for the applicant and Sri.K.A.Noushad, Sri.M.C. Ashi and
Smt.Sreeja V., the learned Senior Public Prosecutors. 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, she 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 she is
released on bail at this stage, it will affect the course of the
investigation.
6. The applicant is only an internal auditor of the
Society. Admittedly, she worked as auditor only till 2016. The
deposits made by the de facto complainants in all the crimes are
after 2016. It is true that, as per the report submitted under
2026:KER:16381
Section 68(2) of the Kerala Co-operative Societies Act, the liability
of the applicant is fixed at Rs. 1,06,65,410/-. For the said reason
alone, it cannot be said that the applicant has a connection with
the crime. There is no allegation that the applicant personally
induced the de facto complainants to part with the money. There
cannot be any entrustment with the applicant also, inasmuch as
she retired in the year 2016. Considering the allegations made
against the applicant, her 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 her arrest on executing a bond for Rs.1,00,000/- (Rupees
One lakh only) in each case 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 herself 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
2026:KER:16381
Saturday until further orders. She 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
mea
2026:KER:16381
APPENDIX OF BAIL APPL. NO. 13386 OF 2025
PETITIONER ANNEXURES
Annexure A-1. A TRUE COPY OF THE ORDER DATED 15/10/2025 IN CRL.M.C 1234 OF 2025 ON THE FILES OF HON'BLE SESSION COURT, THRISSUR
2026:KER:16381
APPENDIX OF BAIL APPL. NO. 13380 OF 2025
PETITIONER ANNEXURES
Annexure A-1 A TRUE COPY OF THE ORDER DATED 15/10/2025 IN CRL.M.C 1231 OF 2025 ON THE FILES OF HON'BLE SESSION COURT, THRISSUR
2026:KER:16381
APPENDIX OF BAIL APPL. NO. 13385 OF 2025
PETITIONER ANNEXURES
Annexure A-1 A TRUE COPY OF THE ORDER DATED 15/10/2025 IN CRL.M.C 1235 OF 2025 ON THE FILES OF HON'BLE SESSION COURT, THRISSUR
2026:KER:16381
APPENDIX OF BAIL APPL. NO. 13394 OF 2025
PETITIONER ANNEXURES
Annexure A-1 A TRUE COPY OF THE ORDER DATED 15/10/2025 IN CRL.M.C 1216 OF 2025 ON THE FILES OF HON'BLE SESSION COURT, THRISSUR I
2026:KER:16381
APPENDIX OF BAIL APPL. NO. 13397 OF 2025
PETITIONER ANNEXURES
Annexure A-1 A TRUE COPY OF THE ORDER DATED 15/10/2025 IN CRL.M.C 1230 OF 2025 ON THE FILES OF HON'BLE SESSION COURT, THRISSUR
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