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Kerala High Court
Jesna Ebin vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:26874
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. 1540 OF 2026
CRIME NO.221/2026 OF KODUNGALLUR POLICE STATION, THRISSUR
AGAINST THE ORDER IN BA NO.400 OF 2026 OF DISTRICT COURT &
SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY, THRISSUR
PETITIONER/2ND ACCUSED:
JESNA EBIN
AGED 29 YEARS, W/O EBIN,
KALATHIL HOUSE, KOTTA, OTTAPURAM P.O., METHALA,
KODUNGALLUR, THRISSUR, PIN - 680667
BY ADVS.
SRI.NAVANEETH.N.NATH
SMT.ABHIRAMI S.
SHRI.ABDUL LATHEEF P.M.
SMT.KRUPA SAJI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KERALA,
PIN - 682031
BY ADV.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1540 OF 2026
2
2026:KER:26874
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.2 in
Crime No.221/2026 of Kodungalloor Police Station, Thrissur
District. The offence alleged is punishable under Section
318(4) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the
accused Nos.1 and 2, with the intention of cheating the de
facto complainant, gave a promise that they would arrange
a job visa in Italy on caretaker vacancy. Thus making
them believe from November, 2022 to July, 2025, obtained
a total amount of Rs.18,05,500/- in different accounts. As
against the promise, neither the caretaker visa was
arranged nor the money was given back. When the
amount was demanded back, the same was revealed to be
an act of cheating, and both the accused persons gave two
cheques, one for Rs.10 lakhs and the other for Rs.7 lakhs.
BAIL APPL. NO. 1540 OF 2026
2026:KER:26874
Both the cheques were dishonoured as well.
4. I have heard Sri. Navaneeth.N.Nath, the
learned counsel for the applicant and Smt. Sreeja.V, 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, she 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 she is
released on bail at this stage, it will affect the course of the
investigation.
6. The applicant is the wife of the accused
No.1. I went through the FIS. The main allegation is
against the accused No.1. The major portion of the
amount was transferred to the account of the accused No.1
and to two other accounts suggested by him. The only
allegation against the applicant is that she received Rs.2
BAIL APPL. NO. 1540 OF 2026
2026:KER:26874
lakhs from the de facto complainant in cash. The applicant
is a lady and she has no criminal antecedents. Considering
the allegations made against the applicant, her 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 her 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 herself 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. She shall also appear
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2026:KER:26874
before the investigating 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
ARK
BAIL APPL. NO. 1540 OF 2026
2026:KER:26874
APPENDIX OF BAIL APPL. NO. 1540 OF 2026
PETITIONER ANNEXURES
ANNEXURE-A A TRUE COPY OF THE FIR DATED 03/02/2026 IN
CRIME NO.221/2026 OF KODUNGALLUR POLICE
STATION, THRISSUR RURAL
ANNEXURE-B A TRUE COPY OF THE BAIL ORDER DATED
28/02/2026 IN BAIL APPLICATION NO. 400/2026
IN CRIME NO.221/2026 OF KODUNGALLUR POLICE
STATION OF THE HON'BLE COURT OF THE PRINCIPAL
SESSIONS JUDGE, THRISSUR
