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Kerala High Court
Janeesha P A vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:26735
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948
BAIL APPL. NO. 1383 OF 2026
CRIME NO.190/2026 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED No.1:
JANEESHA P A,
AGED 38 YEARS
W/O PRADEEP, PANDYALACKAL HOUSE, KUNNAPILLY,
MELUR, THRISSUR CITY, KERALA, PIN - 680311.
BY ADVS.
SHRI.MANUMON A.
SHRI.REBIN VINCENT GRALAN
SHRI.SURESH C.
SMT.ANJU M. LOHIDHAKSHAN
SHRI.SANTHOSH.T.P
SMT.DISSY M. D.
SMT.EDATHARA VINEETA KRISHNAN
SMT.ROSNA M. JOY
SMT.GAYATHRI E.S.
SHRI.AVIN KRISHNA M.P.
SMT.ATHIRA SURESH
SMT.DILJEE GIRIJAN
SHRI.JOHN CHRISTO T.P.
SHRI.AKSHAY KUMAR C.S.
SMT.LINIYA LOVESON
SMT.ANJALI N.S.
SMT.ALEESHA K. S.
SMT.REFA
SMT.SREESHMA K.
SHRI.ATHULKRISHNA T. U.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
B.A. No. 1383 OF 2026 2
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KERALA AT ERNAKULAM, PIN - 682031.
2 SHO,
THRISSUR EAST POLICE STATION, THRISSUR CITY,
PIN - 680001.
3 ANEESH, S/O VIJAYAN, AGED 41, KANDAKULATHIL HOUSE,
PERUNCHERRIL, PALLISSERY, THRISSUR, NOW WORKING AS
GOLD IN CHARGE, MUTHOOT VEHICLE & ASSETS FINANCE
LTD, KOORKANCHERRY BRANCH, THRISSUR.
(IS IMPLEADED AS ADDL.RESPONDENT NO.3 AS PER ORDER
IN CRL.M.A.2 OF 2026 IN B.A. NO.1383 OF 2026 DATED
26.03.2026).
BY ADVS.
SRI.M.C. ASHI, SR. PP
SHRI.C.S.MANILAL
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 1383 OF 2026 3
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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.190/2026 of Thrissur East Police Station, Thrissur District. The
offences alleged are punishable under Sections 316(2), 318(4),
336(2), 336(3) and 340(2) r/w Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (for short, BNS).
3. The prosecution case, in short, is that the
accused person dishonestly induced the defacto complainant, who
was working at Muthoot Vehicle and Asset Finance Ltd.,
Kurkkanchery, by representing that the gold ornaments pledged
by the accused in the Central Bank of India, Kodakara Branch
could be shifted and pledged in the complainant's institution. In
order to make the complainant believe the said representation,
the accused produced a forged pledge slip of the Central Bank of
India, Kodakara Branch. Believing the same to be genuine, an
amount of ₹18,53,000/- (Rupees Eighteen Lakhs Fifty-Three
Thousand only) was transferred on 05-02-2026 from the account
of the complainant's institution bearing A/c No. 50200034042727
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at HDFC Bank, Kadavanthra Branch to A/c No. 10050200047838
at Federal Bank, Chalakudy. After receiving the said amount, the
accused neither shifted the gold pledged as promised nor
returned the money and thereby dishonestly misappropriated the
amount and committed the offences of cheating and criminal
breach of trust against the complainant. Thus, the applicant has
committed the above offences.
4. I have heard Sri.Manumon A., the learned
counsel for the applicant, Sri.C.S. Manilal, the learned counsel for
the defacto complainant 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 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
2026:KER:26735
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. Specific overt act has been attributed against the
applicant in the FI Statement. The applicant admits receipt of
Rs.18,53,000/- from the defacto complainant. He has no case that
he has returned the said amount or given the gold as agreed.
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
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
mea
B.A. No. 1383 OF 2026 6
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APPENDIX OF BAIL APPL. NO. 1383 OF 2026
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR 0190/2026 OF THRISSUR
TOWN EAST POLICE STATION, THRISSUR CITY,
DATED 07/02/2026
Annexure A2 A TRUE COPY OF THE GOLD LOAN RECEIPT OF KSFE
LOAN NO.04320120006730 DATED 26/12/2025
Annexure A3 A TRUE COPY OF THE GOLD LOAN RECEIPT OF KSFE
LOAN NO.04320120006854 DATED 13/01/2026
Annexure A4 A TRUE COPY OF THE BANK ACCOUNT STATEMENT OF
THE PETITIONER'S FEDERAL BANK DURING THE
PERIOD OF 17/01/2023 TO 16/02/2026
Annexure A5 A TRUE COPY OF THE CLOSURE LETTER ISSUED BY
THE KSFE KODALY BRANCH DATED 05/02/2026
Annexure A6 A TRUE COPY OF THE CLOSURE LETTER ISSUED BY
THE KSFE KODAKARA BRANCH DATED 07/02/2026
Annexure A7 A TRUE COPY OF THE ORDER IN BA 401/2026 OF
HON'BLE SESSIONS COURT, THRISSUR DATED
02/02/2026
RESPONDENT ANNEXURES
Annexure R3(a) A COPY OF THE APPLICATION BY THE 1ST ACCUSED
SIGNED AND FILLED BY HER IN HER OWN
HANDWRITING DATED NIL TO THE BRANCH MANAGER
Annexure R3(b) A COPY OF THE KYC DETAILS DATED 5.2.2026
Annexure R3(c) A COPY OF THE AADHAR CARD OF THE 1ST
ACCUSED/PETITIONER
Annexure R3(d) A COPY OF THE GOLD PLEDGED TOKEN TO HAVE
BEEN ISSUED BY THE CENTRAL BANK OF INDIA
Annexure R3(e) A COPY OF THE DETAILS OF THE FUND TRANSFER
EVIDENCED BY THE ONLINE STATEMENT OF THE
HDFC BANK
Annexure R3(f) A COPY OF THE F.I.R IN CRIME 125/2026 OF
VELLIKULANGARA POLICE STATION
Annexure R3(g) A COPY OF THE F.I.R IN CRIME 179/2026 OF
KODAKARA POLICE STATION
