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Kerala High Court
Poulose vs The State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
BAIL APPL. NO. 284 OF 2026
CRIME NO.54/CB/EKM/2015 OF AYYAMPUZHA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
1 POULOSE
AGED 66 YEARS
RESIDING AT MANIKYATHAN, KOLLAKKODE KARA, AYYAMPUZHA
VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683581
BY ADVS.
SHRI.ANOOP V.NAIR
SHRI.SHERRY GEORGE CHERIAN
SMT.SHARANNYA P.
SHRI.ATHUL P.
SMT.C.A.BEEMA BEEVI
SMT.FERRA A THANKAM
RESPONDENT/STATE/COMPLAINANT:
1 THE STATE OF KERALA ,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE DETECTIVE INSPECTOR,
CRIME BRANCH OFFICE,
ERNAKULAM DISTRICT, PIN - 682301
3 THE STATION HOUSE OFFICER,
AYYAMPUZHA POLICE STATION,
AYYAMPUZHA, ERNAKULAM, PIN - 683581
SRI.M.C.ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.284 of 2026
-2-
2026:KER:7886
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.
54/CB/EKM of 2015 pending before Crime Branch Office,
Ernakulam District. The offences alleged are punishable under
Sections 403, 406, 420, 465, 468 and 471 of the Indian Penal
Code, 1860 and Section 17 of the Kerala Money Lenders Act.
3. The prosecution case, in short, is that with an
intention to cause wrongful loss to the defacto complainant and
wrongful gain to the applicant, the applicant who was engaged
in the business of money lending for exorbitant interest, while
giving loan to the defacto complainant, obtained blank stamp
paper. The accused nos. 1 to 7 converted the blank stamp
paper into a forged agreement and created the forged sketch of
the property and the same was produced before the court as
well as Village Office as original, caused loss to the defacto
complainant and thereby committed the above offences.
2026:KER:7886
4. I have heard Sri.Anoop V. Nair, the learned counsel
for the applicant and Sri.M.C.Ashi, the learned Senior Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the
above crime. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
hence, he is entitled to bail. The learned Senior Public
Prosecutor, on the other hand, submitted that the alleged
incident occurred as part of the applicant's intentional criminal
acts, and if he is released on bail at this stage, it will affect the
course of the investigation.
6. The crime was originally registered in the year 2016
as Crime No.848/2014 of Ayyampuzha Police Station,
Ernakulam, pursuant to a complaint filed by the defacto
complainant before the Judicial First Class Magistrate Court.
After investigation, the police filed a negative final report
stating that the dispute is of civil nature in the year 2019.
Thereafter, in the year 2021, the defacto complainant
approached the jurisdictional Magistrate Court by filing CMP
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No.47/2021 against the police report. On 01.01.2023, the
learned Magistrate passed an order directing the crime branch
to conduct further investigation. The applicant has no criminal
antecedents. Considering the allegations made against the
applicant, his custodial interrogation seems unnecessary. For
these reasons, I find this to be an appropriate case to grant
pre-arrest bail to the applicant.
In the result, the application is allowed on the following
conditions:-
(i) The applicant shall be released on bail in the event of
his 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 shall fully cooperate with the
investigation, including subjecting himself to the deemed police
custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the investigating
officer between 10.00 a.m. and 11.00 a.m. every Saturday until
further orders. He shall also appear before the investigating
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officer as and when required.
(iv) The applicant shall not commit any offence of a like
nature while on bail.
(v) The applicant 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 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:7886
APPENDIX OF BAIL APPL. NO. 284 OF 2026
PETITIONER'S ANNEXURES:
Annexure I A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 54/CB/EKM/2015 DATED 19.09.2019
Annexure II A TRUE COPY OF THE NOTICE DATED 23.09.2023
ISSUED IN CONNECTION WITH THE SAID APPEAL
Annexure III A TRUE COPY OF THE SAID NOTICE ISSUED UNDER
SECTION 179 BNSS
Annexure IV THE AGREEMENT FOR SALE DATED 30.07.2013
Annexure-V TRUE COPY OF THE JUDGMENT BY THIS HON'BLE
COURT IN B.A NO.12458/2025 DATED 06.11.2025
Annexure VI A TRUE COPY OF THE ORDER OF HON'BLE
SESSIONS COURT, ERNAKULAM DATED 15.12.2025
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
