Citation : 2026 Latest Caselaw 1999 Ker
Judgement Date : 24 February, 2026
2026:KER:16380
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. 13180 OF 2025
CRIME NO.816/2025 OF MALA POLICE STATION, THRISSUR
AGAINST THE ORDER DATED 21.10.2025 IN CRMC NO.1312 OF 2025
OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, THRISSUR
PETITIONER/ACCUSED NO.16:
VIJAYA KURUP @ VIJAYAN PILLA
AGED 73 YEARS
S/O CHELLAPPAN PILLAI, KADAVANA, KURUVILASSERY
P.O, THRISSUR, PIN - 680732.
BY ADVS.
SRI.P.K.VARGHESE
SHRI.M.T.SAMEER
SHRI.JERRY MATHEW
SMT.DEVIKA K.R.
SMT.SAWPARNIKA RAJU
SHRI.RAHUL K.R.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIG 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..13310/2025, 13317/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A.Nos.13180/2025
& connected cases 2
2026:KER:16380
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. 13310 OF 2025
CRIME NO.816/2025 OF MALA POLICE STATION, THRISSUR
PETITIONERS/ACCUSED NOS.3, 12 & 14:
1 BINDU PRADEEP,
AGED 52 YEARS
W/O PRADEEP, CHAKKINGAL HOUSE, VALIYAPARAMBU
DESOM, KURUVILASSERY VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN - 680732.
2 PREEJA UNNIKRISHNAN
AGED 48 YEARS
W/O UNNIKRISHNAN, CHAKKAMATH HOUSE, THANKULAM
DESOM, KURUVILASSERY VILLAGE, CHALAKUDY TALUK
THRISSUR DISTRICT, PIN - 680732.
3 SINDHU ASOKAN,
AGED 56 YEARS
W/O ASOKAN, MONIKKAL KARIPPATHARA HOUSE,
KURUVILASSERY DESOM, KURUVILASSERY VILLAGE,
CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -
680732.
BY ADVS.
SMT.I.SHEELA DEVI
SRI.BINESH.K.N.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
B.A.Nos.13180/2025
& connected cases 3
2026:KER:16380
2 THE STATION HOUSE OFFICER
MALA POLICE STATION, ANNAMANADA ROAD, MALA,
THRISSUR, PIN - 680732.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13180/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13180/2025
& connected cases 4
2026:KER:16380
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. 13317 OF 2025
CRIME NO.816/2025 OF MALA POLICE STATION, THRISSUR
PETITIONERS/ACCUSED NOS.8, 10 & 13:
1 NIYAS
AGED 51 YEARS
S/O ABDULLA, PUTHENANGADI HOUSE, KOONAMPARAMBU
DESOM, VADAMA VILLAGE, CHALAKUDY TALUK THRISSUR
DISTRICT, PIN - 680732.
2 P.K.GOPI
AGED 65 YEARS
S/O. KONNANKUTTY, PANIKKASSERY HOUSE, KOTTAMURY
DESOM, KURUVILASSERY VILLAGE, CHALAKUDY TALUK
THRISSUR DISTRICT, PIN - 680732.
3 SHINTO EDATTUKARAN
AGED 43 YEARS
S/ O JOSE, EDATTUKARAN HOUSE, KAVANAD DESOM,
VADAMA VILLAGE, CHALAKUDY TALUK, THRISSUR
DISTRICT, PIN - 680732.
BY ADVS.
SMT.I.SHEELA DEVI
SRI.BINESH.K.N.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
MALA POLICE STATION, ANNAMANADA ROAD, MALA,
B.A.Nos.13180/2025
& connected cases 5
2026:KER:16380
THRISSUR, PIN - 680732.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13180/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13180/2025
& connected cases 6
2026:KER:16380
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. 13325 OF 2025
CRIME NO.816/2025 OF MALA POLICE STATION, THRISSUR
PETITIONERS/ACCUSED NOS.5,7,18,19 & 20:
1 JIMMY JOY
AGED 66 YEARS
S/O JOY, THEKKINIYATH HOUSE, KURUVILASSERY
DESOM, KURUVILASSERY VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN - 680732.
2 KRISHNANKUTTY T.P
AGED 62 YEARS
S/O PARAMU, THOTTATHIPARAMBIL HOUSE, KOTTAVATHIL
DESOM, VADAMA VILLAGE, CHALAKUDY TALUK, THRISSUR
DISTRICT., PIN - 680732.
3 BAIJU VARIAMPILLY
AGED 54 YEARS
S/O GOPALAN, VARIAMPILLY HOUSE, KURUVILASSERY
DESOM, KURUVILASSERY VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT., PIN - 680732.
4 GEORGE P.I
AGED 76 YEARS
S/O ITTEERA, PUNNOKKAL HOUSE, KAVANAD DESOM,
VADAMA VILLAGE, CHALAKUDY TALUK, THRISSUR
DISTRICT., PIN - 680732.
5 JOY M.J
AGED 64 YEARS
S/O JOSEPH, MOOLAN HOUSE, KOTTAMURY DESOM,
KURUVILASSERY VILLAGE, CHALAKUDY TALUK, THRISSUR
DISTRICT., PIN - 680732.
B.A.Nos.13180/2025
& connected cases 7
2026:KER:16380
BY ADVS.
SMT.I.SHEELA DEVI
SRI.BINESH.K.N.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
MALA POLICE STATION, ANNAMANADA ROAD, MALA,
THRISSUR., PIN - 680732.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13180/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13180/2025
& connected cases 8
2026:KER:16380
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. 13331 OF 2025
CRIME NO.816/2025 OF MALA POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.4:
JAISON VARGHESE
AGED 54 YEARS
S/O VARGHESE, MALIYEKKAL HOUSE, VALIYAPARAMBU
DESOM, KURUVILASSERY VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN - 680732.
BY ADVS.
SMT.I.SHEELA DEVI
SRI.BINESH.K.N.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
MALA POLICE STATION, ANNAMANADA ROAD, MALA,
THRISSUR, PIN - 680732.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH Bail Appl..13180/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.Nos.13180/2025
& connected cases 9
2026:KER:16380
ORDER
[Bail Appl. Nos.13180/2025, 13310/2025, 13317/2025,
13325/2025 and 13331/2025]
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.3, 4, 5, 7,
8, 10, 12, 13, 14, 16, 18 to 20 in Crime No.816/2025 of Mala
Police Station, Thrissur District. The offences alleged are
punishable under Sections 406, 409 and 420 r/w 34 of the
Indian Penal Code, 1860.
3. The prosecution case, in short, is that the
accused No.1 is the President and accused Nos. 2 to 21 are the
Director Board members of the Mala Service Co-operative Bank.
They committed fraud, criminal misappropriation, irregularities,
mismanagement, and maladministration in the Bank by abusing
their official positions, thereby causing the Bank to sustain a
total loss of Rs. 10,07,69,991/-.
4. I have heard Sri.P.K.Varghese and
Smt.I.Sheela Devi, the learned counsel for the applicants and
Sri.K.A.Noushad, Sri.M.C. Ashi and Smt.Sreeja V., the learned
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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 Prosecutor, 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 applicants are the Director Board
members of the Society. The enquiry conducted under Section
65 of the Kerala Co-operative Societies Act prima facie reveals
the involvement of the applicants. The report would reveal that
the loan was granted without obtaining any security. It is also
revealed that the loan was granted to fictitious persons on
fictitious property. The interrogation of the applicants by the
investigating agency is absolutely necessary for the purpose of
investigation.
7. Therefore, I am of the view that this is not a fit
case where the extraordinary jurisdiction vested with this Court
2026:KER:16380
under Section 482 of BNSS could be invoked.
8. However, if the applicants surrender before
the Investigating Officer within seven days from today, the
Investigating Officer shall interrogate them and, after
interrogation, if the Investigating Officer is of the opinion that
they have to be arrested, after recording the arrest, they shall
be produced before the jurisdictional Magistrate on the same
day itself. The application for bail, if any, filed by them shall be
disposed of by the learned Magistrate on the same day itself as
far as possible.
The bail applications are disposed of with the above
observation.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
mea
2026:KER:16380
APPENDIX OF BAIL APPL. NO. 13180 OF 2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO.816/2025 OF MALA POLICE STATION DATED 08.08.2025 Annexure 2 A TRUE COPY OF THE ORDER IN CRL. M C 1312/2025 OF THE COURT OF SESSIONS JUDGE, THRISSUR DATED 21.10.2025 Annexure 3 THE COMPLAINTS LODGED BY THE PETITIONER BEFORE THE CONCERNED AUTHORITIES Annexure 4 A TRUE COPY OF THE NOTICE ISSUED U/S 68(2) OF THE KERALA CO-OPERATIVE SOCIETY ACT Annexure 5 A TRUE COPY OF THE INTERIM ORDER DATED 24.06.2025 IN WP(C) 21520/2024 OF THIS HON'BLE COURT
2026:KER:16380
APPENDIX OF BAIL APPL. NO. 13310 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER IN CRL.M.C NO.1333/2025 DATED 21.10.2025 ISSUED BY SESSIONS COURT, THRISSUR
2026:KER:16380
APPENDIX OF BAIL APPL. NO. 13317 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER IN CRL.M.C NO.1332/2025 DATED 21.10.2025 ISSUED BY THE SESSIONS COURT,THRISSUR
2026:KER:16380
APPENDIX OF BAIL APPL. NO. 13325 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER IN CRL.M.C NO.1330/2025 DATED 21.10.2025 ISSUED BY SESSIONS COURT,THRISSUR
2026:KER:16380
APPENDIX OF BAIL APPL. NO. 13331 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER IN CRL.M.C NO.1331/2025 DATED 21.10.2025 ISSUED BY SESSIONS COURT, THRISSUR
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