[Cites 3, Cited by 0]
Kerala High Court
Mohammed Rahmatullah vs State Of Kerala on 19 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:4386
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
BAIL APPL. NO. 9826 OF 2025
CRIME NO.1325/2023 OF FORT POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE JUDGMENT DATED 07.01.2025 IN Bail Appl.
NO.3208 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
MOHAMMED RAHMATULLAH
AGED 39 YEARS
S/O. MOHAMMED ASADULLAH, H. NO. 5-2-216, NOORANI
MOHALLA, NEAR TINY PEARLS SCHOOLS, KALABURAGI,
KARNATAKA, PIN - 585104
SRI.K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT
SRI.RISHI VARMA T.R.
SRI.RITHIK S.ANAND
SRI.SREEJITH A.
SMT.TEENA M. ASHOK
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
FORT POLICE STATION, ATTAKULANGARA, NEAR VANITHA
JAIL, MANACAUD, THIRUVANANTHAPURAM DISTRICT, PIN -
695009
3 SMITHA V.J
W/O. MAHESH, PANIPPURA HOUSE, NEAR V V CLINIC,
MAVUVILA, THOONGAMPARA, MARANALLOOR VILLAGE,
2026:KER:4386
BAIL APPL. NO. 9826 OF 2025
2
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695121
SRI.LATHEESH SEBASTIAN
SRI.M.C.ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:4386
BAIL APPL. NO. 9826 OF 2025
3
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 sole accused in Crime
No.1325/2023 of Fort Police Station, Thiruvananthapuram District.
The offences alleged are punishable under Sections 406 and 420
of the Indian Penal Code and Section 24(1)(b) of the Emigration
Act, 1983.
3. The prosecution case, in short, is that the applicant,
who has Emigrants Protector License from Ministry of External
Affairs Department, made the defacto complainant to transfer
money to his account for providing job visa to the defacto
complainant's clients, deceived the defacto complainant and thus
committed the alleged offences.
4. I have heard Sri.Abhilash K.N., the learned counsel for
the applicant, Sri.Latheesh Sebastian, the learned counsel for the
defacto complainant and Sri.U.Jayakrishnan, the learned Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
2026:KER:4386
BAIL APPL. NO. 9826 OF 2025
the applicant is innocent and has been falsely implicated in the
present case. 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 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 law regarding the grant or refusal of pre-arrest bail
is well settled. Pre-arrest bail cannot be granted as a matter of
course. The power under Section 482 of BNSS could be exercised
only when a special case is made out, that too, recording reasons
thereof. Perusal of the case diary reveals that the accusation
made against the applicant is very serious in nature, and it prima
facie shows a premeditated criminal act on his part. The records
would show that Rs.44,75,000/- has been transferred to the
account of the applicant from the account of the defacto
complainant.
7. The investigation is in a preliminary stage. The
custodial interrogation of the applicant is necessary for the
investigation. As rightly argued by the learned Public Prosecutor,
the possibility of the applicant influencing the witnesses and
2026:KER:4386
BAIL APPL. NO. 9826 OF 2025
interfering with the investigation cannot be ruled out if he is
released on bail. Considering the gravity of the offence and stage
of the investigation, I am of the view that this is not a fit case
where the extraordinary jurisdiction vested with this Court under
Section 482 of BNSS could be invoked.
The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
NP
2026:KER:4386
BAIL APPL. NO. 9826 OF 2025
APPENDIX OF BAIL APPL. NO. 9826 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR NO. 1325/2023
DATED 27.09.2023 OF FORT POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
Annexure A2 THE TRUE COPY OF THE ORDER IN CRL.MC NO.
731/2024 DATED 03-04-2024 BEFORE THE
HON'BLE ADDITIONAL SESSIONS COURT - IV,
THIRUVANANTHAPURAM
Annexure A3 THE TRUE COPY OF THE MOU DATED
19.01.2022 BETWEEN FALESIA CONSULTANTS
AND DEFACTO COMPLAINANT
Annexure A4 THE TRUE COPY OF THE MOU BETWEEN THE 3RD
RESPONDENT AND SWISS EDUCATIONAL COLLEGE
DATED NIL
Annexure A5 THE TRUE COPY OF A SCREENSHOT OF THE
CHAT OF THE PETITIONER AND THE DE FACTO
COMPLAINANT ON WHATSAPP DATED 30.03.2022
Annexure A6 THE TRUE COPY OF THE PETITIONER'S BANK
STATEMENT WITH ACCOUNT NUMBER
00000035910541695 AT SBI BANK HEBAAL
BRANCH FOR THE PERIOD OF 01.11.2021 TO
30.11.2021
Annexure A7 THE TRUE COPY OF THE PETITIONER'S BANK
STATEMENT WITH ACCOUNT NUMBER
00000035910541695 AT SBI BANK HEBAAL
BRANCH FOR THE PERIOD OF 01.12.2021 TO
10.02.2022
Annexure A8 THE TRUE COPY OF THE PETITIONER'S BANK
STATEMENT WITH ACCOUNT NUMBER
00000035910541695 AT SBI BANK HEBAAL
BRANCH FOR THE PERIOD OF 10.02.2022 TO
31.03.2022
Annexure A9 TRUE COPY OF THE ORDER DATED 05.11.2024
IN BA NO 3208 OF 2024 OF THIS HON'BLE
COURT
Annexure A10 THE TRUE COPY OF THE ORDER DATED
07.01.2025 IN BA NO.3208/2024 OF THIS
HON'BLE COURT
2026:KER:4386
BAIL APPL. NO. 9826 OF 2025
RESPONDENT ANNEXURES
Annexure R3(a) True copy of the FIR along with the FIS
in Crime No.1325 of 2023 of Fort Police
Station dated 27.09.2023
Annexure R3(b) The e-mail forwarded by the petitioner
on 31.10.2021 about job opportunities at
Poland, Portugal, Germany and Netherland
Annexure R3(c) The e-mail communication of this
respondent with the petitioner dated
23.11.2021 while transferring
Rs.2,25,000/- for the employment offer
of Muneer, Ashil Antony and Jomish
Annexure R3(d) The e-mail communication of this
respondent with the petitioner dated
03.12.2021 while transferring
Rs.1,50,000/- for the employment offer
of Umayir and Nandakumar
Annexure R3(e) The e-mail communication of this
respondent with the petitioner dated
16.12.2021 while transferring
Rs.1,50,000/-
Annexure R3(f) The e-mail communication of this
respondent with the petitioner dated
11.01.2022 while forwarding the details
of three candidates to the petitioner
Annexure R3(g) The e-mail communication between the
petitioner and this respondent between
February and March 2022
Annexure R3(h) True copy of the judgment of this
Hon'ble Court dated 16.06.2025 in W.P.
