Pradeepan K. S vs State Of Kerala
2023 Latest Caselaw 8821 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                 BAIL APPL. NO. 115 OF 2023
PETITIONERS/ACCUSED NOS.1 & 3:

    1     PRADEEPAN K. S,
          AGED 59 YEARS
          S/O. SREEDHARAN, KARIYIL VEETTIIL,
          PALLIPPURAM VILLAGE, CHERTHALA TALUK,
          THIRUNELLOOR P.O., ALAPPUZHA DISTRICT,
          PIN - 688541
    2     SAJI. S. S,
          S/O. SAHADEVAN, SARASWATHI BHAVANAM,
          THIRUNELLOOR P.O., CHERTHALA,
          ALAPPUZHA DISTRICT, PIN - 688541
          BY ADV B.PRAMOD

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031
ADDL.R2. GANESHAN G.
         S/O C.V.GOPALAKRISHNAN, RESIDING AT
         THAZHATHU NATTUNARAYANABHAVANAM, MUNDAPPALLY,
         MUNDAPPALLY P.O., KAVIYOOR VILLAGE,
         PATHANAMTHITTA, KERALA-691523.

          IS IMPLEADED AS PER ORDER DATED 19-01-2023 IN
          CRL.M.A. NO.1/2023.
          BY ADVS.
          PUBLIC PROSECUTOR MAYA MN
          K.SHAJ



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.115/2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                       B.A.No.115 of 2023
             ----------------------------------------------
           Dated this the 14th day of August, 2023


                              ORDER

This Bail Application is filed under Section 438 of

Criminal Procedure Code (Cr.P.C.)

2. Petitioners are the accused in Crime No.2554/2021

of Thiruvalla Police Station. The above case is registered

against the petitioners alleging offences punishable under

Section 384 read with Section 34 IPC.

3. The prosecution case is that the 1 st petitioner had

lent money to one Sajeevan whom the defacto complainant

had introduced to him. But the said Sajeevan committed

default in repayment of the amount. So the prosecution case is

that the petitioners along with two others came to the

residence of the defacto complainant and threatened him as

well as his family members. The further case is that the

petitioners and other two accused also obtained Rs.8 lakhs B.A.No.115/2023

and the title deed of the property from the defacto

complainant. The accused also made the defacto complainant

to send Rs.3 lakhs to their bank accounts and the 4 th accused

took away of the mobile phone of the defacto complainant.

Hence it is alleged that the accused committed the offence.

4. Heard the learned counsel for the petitioners and

the learned Public Prosecutor.

5. When this bail application came up for

consideration on 24.07.2023, this Court passed the following

order:

"It is submitted by the learned Public Prosecutor that the interrogation of the petitioner is necessary and certain articles is to be recovered. If that be the case the petitioners shall appear before the investigating officer on 01.08.2023. The investigating officer is free to direct the petitioners to appear on subsequent dates also. The petitioners shall not be arrested. The investigating officer will submit a report after interrogation.Issue a copy of this order to the Public Prosecutor, who will communicate the same to the investigating officer."

6. Today, the Public Prosecutor submitted that the

petitioners appeared before the Investigating Officer and

cooperated with the investigation. The counsel for the 2 nd B.A.No.115/2023

respondent seriously opposed the bail application and

submitted that the petitioners have committed serious

offences and this Court may not pass any orders under

Section 438 Cr.P.C. The counsel also produced written

objection.

7. This Court considered the contentions of the

petitioners, Public Prosecutor and the defacto complainant. It

is true that the allegations against the petitioners are very

serious. But, this bail application is pending before this Court

from 04.01.2023 onwards. There was in interim order from

this Court not to arrest the petitioners. That order is

continuing even now. When this Court directed the petitioners

to surrender before the Investigating Officer, they obeyed the

same and co-operated with the investigation. If that be the

case, custodial interrogation of the petitioners may not be

necessary. There can be a direction to the petitioners to

surrender before the Investigating Officer once again and

execute necessary bond. There can be a further direction to

the petitioners to appear before the Investigating Officer on

all Mondays till final report is filed. With that condition, this

bail application can be allowed.

B.A.No.115/2023

8. Moreover, it is a well accepted principle that, the

bail is the rule and the jail is the exception. The Hon'ble

Supreme Court in Chidambaram P. v. Directorate of

Enforcement (2019 (16) SCALE 870), after considering all

the earlier judgments, observed that, the basic jurisprudence

relating to bail remains the same inasmuch as the grant of bail

is the rule and refusal is the exception so as to ensure that,

the accused has the opportunity of securing fair trial.

9. Considering the dictum laid down in the above

decision and considering the facts and circumstances of this

case, this Bail Application is allowed with the following

directions:

1. Petitioners shall appear before the Investigating

Officer within ten days from today and shall

undergo interrogation;

2. After interrogation, if the Investigating Officer

proposes to arrest the petitioners, they shall be

released on bail on executing a bond for a sum

of Rs.50,000/-(Rupees Fifty Thousand only) each

with two solvent sureties each for the like sum B.A.No.115/2023

to the satisfaction of the officer concerned;

3. Petitioners shall appear before the Investigating

Officer for interrogation as and when required.

The petitioners shall co-operate with the

investigation and shall not, directly or indirectly

make any inducement, threat or promise to any

person acquainted with the facts of the case so

as to dissuade them from disclosing such facts to

the Court or to any police officer;

4. Petitioners shall not leave India without

permission of the jurisdictional Court;

5. Petitioners shall not commit an offence similar to

the offence of which they are accused, or

suspected, of the commission of which they are

suspected;

6. The petitioners shall appear before the

Investigating Officer on all Mondays at 10 am,

till final report is filed.

7. If any of the above conditions are violated by the

petitioners, the jurisdictional Court can cancel B.A.No.115/2023

the bail in accordance to law, even though the

bail is granted by this Court.

sd/-

                                          P.V.KUNHIKRISHNAN
JV                                               JUDGE
 B.A.No.115/2023





                  APPENDIX OF BAIL APPL. 115/2023

PETITIONER ANNEXURES
Annexure A1       TRUE COPY OF THE FIR IN CRIME NO.

2554/21 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A2 TRUE COPY OF THE AGREEMENT DATED 03.03.2021 EXECUTED BY THE 1ST PETITIONER AND THE DE FACTO COMPLAINANT