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Kerala High Court
Salam Manakkat Thekkepurayil@ M T P ... vs State Of Kerala on 27 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:17796
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947
BAIL APPL. NO. 986 OF 2026
CRIME NO.1381/2025 OF THALIPARAMBA POLICE STATION, KANNUR
AGAINST THE ORDER DATED 01.11.2025 IN CRMC NO.1529 OF 2025
OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE
AUTHORITY, THALASSERY
PETITIONERS/ACCUSED NOS.2 & 4:
1 SALAM MANAKKAT THEKKEPURAYIL@ M T P SALAM
AGED 50 YEARS
S/O MOOPANTAKATH ABDUL KHADER, FLAT NO 3131, CORNWALL
BLOCK, 13TH FLOOR, PRESTIGE KENSINGTON GARDEN, HMT
ESTATE, BANGALORE NORTH, KARNATAKA, PIN - 560013
2 ZAREENA SALAM
AGED 41 YEARS
W/O SALAM MANAKKAT THEKKEPURAYIL@ M T P SALAM, FLAT NO
3131, CORNWALL BLOCK, 13TH FLOOR, PRESTIGE KENSINGTON
GARDEN, HMT ESTATE, BANGALORE NORTH, KARNATAKA, PIN -
560013
BY ADV SMT. T.H.RAIHANATH
RESPONDENT/STATE & INVESTIGATING OFFICER:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTORHIGH COURT OF KERALA,
KOCHI, ERNAKULAM DISTRICT, PIN - 682031
2 THE STATION HOUSE OFFICER
TALIPARAMBA POLICE STATION, TALIPARAMBA P.O., KANNUR
DISTRICT, PIN - 670141
B.A. No.986 of 2026
-2-
2026:KER:17796
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.986 of 2026
-3-
2026:KER:17796
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.2 and 4 in Crime
No.1381/2025 of Thaliparamba Police Station, Kannur District.
The offence alleged is punishable under Section 318(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
23.05.2022, the accused together in furtherance of their
common intention of cheating, made the defacto complainant
and the sister of his wife to believe that they are conducting a
jewellery by name "Melora" at Chiravakku, Taliparamba and
they are giving loan without interest on deposit of gold and
received 162.53 grams of gold from the defacto complainant
and 260.18 grams of gold from his wife's sister and gave cash
of Rs.6,36,000/- to the defacto complainant and Rs.9,92,000/-
to his wife's sister respectively. When they approached the
accused to take back the gold with money on maturity of the
loan, they refused to give the gold. Thereby, the applicants had
2026:KER:17796
committed the above offences.
4. I have heard Sri. T.H.Raihanath, the learned counsel
for the applicants and Sri. K.A.Noushad, the learned Senior
Public Prosecutor. 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 accused No.4 is the wife of the accused No.2.
The investigation reveals that the defacto complainant pledged
gold ornaments with the accused and when they approached
them to take back the gold ornaments, the accused failed to
return the gold ornaments. The investigation reveals that an
agreement has been executed between the accused No.1 and
the defacto complainant, which would show that gold
2026:KER:17796
ornaments were pledged by the defacto complainant with the
accused No.1 and 2 and they have not returned the same.
There are prima facie material to show the involvement of the
accused No.2 in the crime. However, it appears that the accused
No.4 has no active role. She is not a party in the agreement
also. Hence, I am of the view that applicant No.2 can be
released on bail. However, specific overt act has been alleged
against the applicant No.1 and it is borne out from the
investigation that he along with accused No.1 has received gold
ornaments from the defacto complainant and were not returned
so far. His custodial interrogation is necessary. Therefore, the
applicant No.1 cannot be released on bail.
In the result, the application is allowed in part on the
following conditions:-
(i) The applicant No.2 shall be released on bail in the
event of her 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 No.2 shall fully cooperate with the
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investigation, including subjecting herself to the deemed police
custody for discovery, if any, as and when demanded.
(iii) The applicant No.2 shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. She shall also appear before the
investigating officer as and when required.
(iv) The applicant No.2 shall not commit any offence of a
like nature while on bail.
(v) The applicant No.2 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 No.2 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
SKP
2026:KER:17796
APPENDIX OF BAIL APPL. NO. 986 OF 2026
PETITIONERS' ANNEXURES:
Annexure A1 THE TRUE COPY OF FIR IN CRIME NO 1381 OF
2025, THALIPARAMBA POLICE STATION DATED
13.10.2025
Annexure A2 THE TRUE COPY OF ORDER IN BAIL APPLICATION
9671 OF 2024 HON'BLE COURT DATED 06.12.2024
Annexure A3 THE TRUE COPY OF ORDER DATED 01.11.2025 IN
CRL MC NO 1529 OF 2025, COURT OF SESSIONS,
THALASSERRY
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
