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Kerala High Court
Jose Thomas vs State Of Kerala on 26 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:17372
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF FEBRUARY 2026/7TH PHALGUNA, 1947
BAIL APPL. NO. 14582 OF 2025
CRIME NO.2437/2023 OF PALARIVATTOM POLICE STATION, ERNAKULAM
AGAINST THE JUDGMENT DATED 25.10.2025 IN BAIL APPL. NO.12330 OF
2025 OF HIGH COURT OF KERALA
PETITIONERS/ACCUSED NOS.1 TO 4:
1 JOSE THOMAS
AGED 75 YEARS, S/O. THOMAS,
RESIDING AT DOOR NO.30/1045, MURALI LANE,
KANIYAMPUZHA ROAD, POONITHURA VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682019
2 RANI JOSE,
AGED 68 YEARS, W/O. JOSE THOMAS,
RESIDING AT DOOR NO.30/1045, MURALI LANE,
KANIYAMPUZHA ROAD, POONITHURA VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682019
3 SERIN ALEX
AGED 47 YEARS, W/O. ALEX THOMAS,
RESIDING AT APARTMENT NO.2A, NORTH BLOCK, HEERA WATERS,
CHILAVANNUR, ELAMKULAM VILLAGE, KANAYANNUR TALUK,
ERNKAULAM DISTRICT, PIN - 682020
4 MERIN JOSE,
AGED 41 YEARS, W/O. THOMAS VARGHESE,
RESIDING AT VYSIAMPARAMBIL HOUSE, KANDANAD,
MANAKUNNAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682305
BAIL APPL. NO. 14582 OF 2025
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2026:KER:17372
BY ADVS.
SRI.M.S.SAJEEV KUMAR
SMT.LAKSHMI S KUMAR
SMT.A.N.JYOTHILEKSHMI
SHRI.JACK AUGUSTINE
SRI.BABU S. NAIR
RESPONDENTS/RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER,
PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT,
PIN - 682025
3 PRIYA VARMA
AGED 41 YEARS, W/O. RENJITH VARMA,
RESIDING AT LAKSHMI PRIYA, THRIPUNITHURA,
NADAMA VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682301
BY ADVS.
SRI.R.ANIL
SHRI.SUJESH MENON V.B.
SRI.THOMAS SABU VADAKEKUT
SHRI.GEORGE VINCI JOSE
SHRI.MAHESH BHANU S.
SHRI.ANANTH KRISHNA K.S.
SHRI.RESSIL LONAN
SRI.T.ANIL KUMAR
SRI.M.C. ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 14582 OF 2025
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2026:KER:17372
ORDER
This application is 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.5 to 8
(wrongly described as accused Nos.1 to 4 in the bail
application) in Crime No.2437/2023 of Palarivattom Police
Station, Ernakulam District. The offences alleged are
punishable under Sections 436 and 120B read with 34 of
the Indian Penal Code, 1860.
3. The prosecution case, in short, is that the
accused with the intention to commit mischief to the de
facto complainant after making the conspiracy, on
20.10.2023 at 04:21 a.m., the accused No.1 set fire to the
building owned by the accused No.5 and occupied by the
de facto complainant as per the direction of the accused
No.2 and it resulted in the breaking of glass door and
wooden floor. The de facto complainant has been
conducting a textile business as Defab Instyle. The textile
items to the value of more than two crores were damaged.
BAIL APPL. NO. 14582 OF 2025
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Thus, the accused committed loss to the firm of the de
facto complainant to the tune of Rs.2 crores.
4. I have heard Sri. M.S.Sajeev Kumar, the
learned counsel for the applicants, Sri. M.C.Ashi, the
learned Senior Public Prosecutor and Sri. R.Anil, the
learned counsel for the 3rd respondent. Perused the case
diary.
5. The learned counsel for the applicants
submitted that the applicants are innocent and have been
falsely implicated in the above crime. The counsel further
submitted that no materials are on record to connect the
applicants with the alleged crime; hence, they are entitled
to get bail. The learned Senior Public Prosecutor, on the
other hand, submitted that the alleged incident occurred as
a part of the intentional criminal acts of the applicants, and
if they are released on bail at this stage, it will affect the
course of the investigation.
6. The applicant No.2 is the wife and the
applicant Nos.3 and 4 are daughters of applicant No.1.
The applicant No.1 is the landlord and the de facto
BAIL APPL. NO. 14582 OF 2025
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complainant is the tenant of the building in question.
Admittedly, the incident took place in the early morning at
04:21 a.m. on 20.10.2023 when the building was closed.
The de facto complainant and her husband also were not
present at the scene of occurrence. There is no eye
witness to the incident. However, CCTV visuals showed the
presence of the accused Nos.1 and 2 at the scene of
occurrence and the accused Nos.3 and 4 at a nearby petrol
pump for purchasing petrol. According to the prosecution,
the applicants engaged the remaining accused to set fire to
the building. However, apart from the confession
statement of the accused No.2, there is absolutely nothing
on record in the investigation conducted so far to connect
the applicants with the crime. Considering the allegations
made against the applicants, their custodial interrogation
seems unnecessary. For these reasons, I find this to be an
appropriate case to grant pre-arrest bail to the applicants.
In the result, the application is allowed on the
following conditions:-
(i) The applicants shall be released on bail in
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the event of their arrest on executing a bond for
Rs.1,00,000/- (Rupees One lakh only) each 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 applicants shall fully cooperate with
the investigation, including subjecting themselves to the
deemed police custody for discovery, if any, as and when
demanded.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m.
every Saturday until further orders. They shall also appear
before the investigating officer as and when required.
(iv) The applicants shall not commit any
offence of a like nature while on bail.
(v) The applicants 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.
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(vi) The applicants 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. 14582 OF 2025
2026:KER:17372
APPENDIX OF BAIL APPL. NO. 14582 OF 2025
PETITIONER ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE STATEMENT DATED 20-10-2023
ANNEXURE-A2 TRUE COPY OF THE FIR NO.2437/2023 ON 20-10-
2023, REGISTERED BY THE 2ND RESPONDENT
AGAINST THE PETITIONERS
ANNEXURE-A3 TRUE COPY OF THE NOTICE UNDER SECTION 35 (3)
OF BNSS, 2023 DATED 03-08-2025
ANNEXURE-A4 TRUE COPY OF THE CASE INFORMATION PERTAINING
TO R.C.P NO. 102/2023, RETRIEVED FROM THE
DISTRICT COURT CASE MANAGEMENT SYSTEM ON 22-
09-2025
ANNEXURE-A5 TRUE COPY OF THE ORDER DATED 01-12-2025 IN
CRL.M.C NO.3228 OF 2025
ANNEXURE-A6 TRUE COPY OF THE FIR NO.2306 DATED 05-10-2023
ANNEXURE A7 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 71/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A8 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO.101/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A9 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 102/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A10 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 103/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A11 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 106/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
BAIL APPL. NO. 14582 OF 2025
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ANNEXURE A12 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 107/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A13 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 108/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A14 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 116/2023, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A15 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 103/2024, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A16 TRUE COPY OF THE CASE STATUS IN CRL.APPEAL
NO. 104/2024, PENDING BEFORE THE HON'BLE
SESSIONS COURT AT KOLLAM
ANNEXURE A17 TRUE COPY OF THE EXTRACT OF THE NEWSPAPER-
MALAYALA MANORAMA DAILY DATED 11-03-2020
RESPONDENT ANNEXURES
ANNEXURE R1 TRUE COPY OF THE REPORT DATED 26.10.2023
RENUMBERING THE RANK OF ACCUSED SUBMITTED BY
I.O BEFORE JFCM-IX,ERNAKULAM.
ANNEXURE R2 TRUE COPY OF THE REPORT DATED 19.11.2024
RENUMBERING THE RANK OF ACCUSED SUBMITTED BY
I.O BEFORE JFCM-IX, ERNAKULAM IN THE ABOVE
CRIME.
ANNEXURE R3 TRUE COPY OF THE REMAND REPORT IN CRIME NO.
2437/2023 DATED 26.10.2023.
ANNEXURE R4 TRUE COPY THE REMAND REPORT IN CRIME NO
2437/2023 DATED 19.11.2024 OF PALARIVATTOM
POLICE STATION.
ANNEXURE R5 TRUE COPY OF THE EMAIL ATTACHING THE
COMPLIANT DATED 5.7.2023 SENT BY RESPONDENT
NO.3.
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ANNEXURE R6 TRUE COPY OF THE OBJECTION DATED 9.11.2023 IN
RCP NO. 102 OF 2023.
ANNEXURE R7 TRUE COPY OF THE EXIT AGREEMENT DATED
14.02.2023.
