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CDJ 2026 SC 327 print Preview print print
Court : Supreme Court of India
Case No : Criminal Appeal No.1038/2026 [arising out of SLP (Crl.) No. 20625 of 2025]
Judges: THE HONOURABLE MR. JUSTICE DIPANKAR DATTA & THE HONOURABLE MR. JUSTICE SATISH CHANDRA SHARMA
Parties : S. Jayasree Versus State of Kerala & Another
Appearing Advocates : For the Petitioner: ----- For the Respondents: -----
Date of Judgment : 20-02-2026
Head Note :-
Indian Penal Code, 1860 - Sections 403, 406, 409, 466, 467 & 34 -
Judgment :-

1. Leave granted.

2. By the impugned judgment and order dated 04th December, 2025, the High Court of Kerala at Ernakulam has dismissed the appellant’s prayer for bail in anticipation of arrest.

3. Appellant figures as an accused in FIR No3700/2025 dated 11th October, 2025 registered with Police Station CB PS, District CB. It is alleged in the FIR that the appellant has committed offence(s) punishable under Sections 403, 406, 409, 466, 467 & 34 of the Indian Penal Code, 1860.

4. We have heard learned counsel appearing for the appellant as well as the respondents.

5. It is not in dispute that the appellant has joined investigation in terms of the earlier orders of this Court. Even the specimen signature and handwriting samples, which were pending, have since been obtained. That apart, the appellant is a lady who is entitled to protection contemplated by Section 480, Bharatiya Nyaya Suraksha Sanhita, 2023.

6. Taking an overall view of the matter, we are inclined to accept the appeal and grant the prayer of the appellant for release on pre-arrest bail.

7. Accordingly, the impugned judgment and order stands set aside.

8. It is directed that in the event of the appellant being arrested, she shall be released on bail on terms and conditions to be imposed by the trial court.

9. Needless to observe, the appellant shall not, directly or indirectly, by making inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to any police officer or to the court.

10. Also, since the investigation is yet to conclude, we direct that if the investigating officer calls upon the appellant to join the investigation further, she shall do so by attending the police station.

11. We clarify that the observations made in this order and grant of bail to the appellant in anticipation of arrest will not be treated as findings on the merits of the case.

12. The appeal is allowed on the above terms.

13. Pending application(s), if any, shall stand disposed of.

 
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