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Jaison Varghese vs State Of Kerala
2026 Latest Caselaw 1999 Ker

Citation : 2026 Latest Caselaw 1999 Ker
Judgement Date : 24 February, 2026

[Cites 2, Cited by 0]

Kerala High Court

Jaison Varghese vs State Of Kerala on 24 February, 2026

Author: Kauser Edappagath
Bench: Kauser Edappagath
                                                       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

2026:KER:16380

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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