[Cites 0, Cited by 0]
Kerala High Court
Rakhi vs Versus State Of Kerala on 27 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:17857
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. 980 OF 2026
CRIME NO.23/2026 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1:
1 RAKHI V S
AGED 46 YEARS
W/O M JAYACHANDRAN, MUDAVARATHU HOUSE, TC 9/294 - 1,
JAWAHAR NAGAR, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM,
KERALA STATE, PIN - 695010
BY ADVS.
SRI.VISHAK.K.JOHNSON
SMT.PARVATHY S.
SHRI.VISHNU MOHAN
SMT.MARILIN ROMEO
SHRI.SREYAS P.M.
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM. (ON BEHALF OF SI OF POLICE IN
ARUVILCKARA POLICE STATION, THIRUVANANTHAPURAM),
PIN - 682031
2 SHAMEEN
AGED 46 YEARS
S/O SANSUDHEEN, FLAT NO.6D, CORDIAL ADHITHYA, NCC ROAD,
AMBALAMUKKU, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM CITY,
KERALA, PIN - 695005
SMT.SREEJA V., 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.980 of 2026
-2-
2026:KER:17857
ORDER
This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-
arrest bail.
2. The applicant is the accused No.1 in Crime
No.23/2026 of Aruvikkara Police Station, Thiruvananthapuram
District. The offences alleged are punishable under Sections
316(5) and 318(4) read with Section 3(5) of the Bharatiya
Nyaya Sanhita (BNS), 2023.
3. According to the prosecution, the applicant who was
the Secretary of the Rajeev Gandhi Residents Welfare
Cooperative Society, Mundela, along with other accused
committed criminal breach of trust, cheated the defacto
complainant of the amounts which were deposited by him with
the society, refused to return the same and thereby committed
the offences alleged.
4. I have heard Sri.Vishak Johnson, the learned counsel
for the applicant and Smt. Sreeja V., the learned Senior Public
Prosecutor. Perused the case diary.
2026:KER:17857
5. The learned counsel for the applicant submitted that
the applicant has been falsely arrayed as an accused and that
she has no involvement in the alleged crime.
6. The learned Senior Public Prosecutor opposed the
bail application.
7. The applicant, along with other accused, is alleged to
have cheated the defacto complainant and committed criminal
breach of trust. The amounts deposited with the society were
not permitted to be withdrawn nor was the amount repaid,
despite repeated requests by the defacto complainant. The
applicant is involved in several other crimes and by order dated
28.02.2025 in B.A.No.2955 of 2025, this Court had declined to
grant anticipatory bail to the applicant and directed her to
surrender before the Investigating Officer and also directed the
learned Magistrate to consider the bail application filed by the
applicant.
8. Having regard to the nature of the allegations
against the applicant, I am of the view that since the offences
are serious, the applicant is not entitled to be released on
anticipatory bail. Accordingly, this application is dismissed,
2026:KER:17857
however, subject to the following conditions:
(i) The applicant shall appear before the Investigating
Officer within two weeks from today and shall subject herself to
interrogation.
(ii) After interrogation, if the Investigating Officer arrests
the applicant, she shall be produced before the jurisdictional
court without undue delay.
(iii) On production of the applicant before the jurisdictional
court, if any application for bail is filed, the court shall consider
the same, preferably on the same day itself, in accordance with
law.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:17857
APPENDIX OF BAIL APPL. NO. 980 OF 2026
PETITIONER'S ANNEXURES:
Annexure Al A TRUE COPY OF THE FIR IN CRIME NO.23/2026 OF
ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM
RURAL, THIRUVANANTHAPURAM DISTRICT, DATED
10/01/2026
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
