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Kerala High Court
Vivek vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7352
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
BAIL APPL. NO. 263 OF 2026
CRIME NO.953/2025 OF PERAMANGALAM POLICE STATION, THRISSUR
AGAINST THE ORDER DATED IN CRMC NO.1965 OF 2025 OF III
ADDITIONAL DISTRICT COURT, THRISSUR / II ADDITIONAL MACT/RENT
CONTROL APPELLATE AUTHORITY, THRISSUR
PETITIONER/ACCUSED:
VIVEK
AGED 36 YEARS
VIVEK, S/O ANANDAN, AGED 36 YEARS, CHAMMALI HOUSE,
METHALA, METHALAVILLAGE AND DESOM, KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN - 680669
BY ADVS.
SRI.D.VIMAL DEV
SMT.SNEHAPRABHA
SHRI.SONU K. CHACKO
SHRI.A.S.ASHWARAJ
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN - 682031
SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.263 of 2026
-2-
2026:KER:7352
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.3 in Crime
No.953/2025 of Peramangalam Police Station, Thrissur District.
The offences alleged are punishable under Sections 406 and
420 read with Section 34 of the Indian Penal Code (for short
'IPC') and Section 3 read with Section 21, Section 4 read with
Section 22, Section 5 read with Section 23 of the Banning of
Unregulated Deposit Schemes (BUDS) Act, 2019 (for short
'BUDS Act').
3. The prosecution case, in short, is that the applicant,
being the Director of the financial institutions by names Aspire
Nidhi Limited and Aspire Agro Nidhi Ltd., collected a total
amount of Rs.1,30,00,000/- and 179.675 sovereigns of gold
from the defacto complainant on behalf of the firms by
fraudulenty and dishonestly inducing them and by making them
believe that the amount would be returned with high rate of
interest. But, thereafter the applicant failed to comply with the
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terms or returned the amount or gold and thereby committed
the aforesaid offences.
4. I have heard Sri.D.Vimal Dev, 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 applicant is the Director of the company. I went
thought the FIS. The entire allegation is against one accused
namely, Soumya Vipin, who is the accused No.2. Going by the
FIS, it was the accused No.2 who induced the defaco
complainant to part with the gold ornaments and cash. The
allegation against the applicant is that he accompanied Soumya
to collect the gold ornaments and cash from the defacto
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complainant. The investigation of the case is almost over.
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, this 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
officer as and when required.
(iv) The applicant shall not commit any offence of a like
nature while on bail.
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(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:7352
APPENDIX OF BAIL APPL. NO. 263 OF 2026
PETITIONER'S ANNEXURES:
Annexure A1 THE COPY OF THE ORDER IN CRIMINAL M.C
1965/2025DATED 31.12.2025 IN THE COURT
OFTHE HON'BLE THIRD ADDITIONAL SESSIONS
JUDGE, THRISSUR
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
