Kerala High Court

Santhoshkumar vs State Of Kerala on 15 February, 2024

Author: C.S.Dias

Bench: C.S.Dias

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945


                   BAIL APPL. NO. 6544 OF 2022
 CRIME NO.397/2022 OF Kodumon Police Station, Pathanamthitta
    AGAINST THE ORDER/JUDGMENT CRMP 2148/2022 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS , ADOOR
PETITIONER/ACCUSED 1:

         SANTHOSHKUMAR
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI,ANDOORPOOVANATHUVILA
         PUTHEN VEEDU, VALAKOM, KOTTARAKKARA,
         PIN - 691532
         BY ADVS.
         TOM JOSE
         GEETHA JOB(OZHUKAYIL)


RESPONDENTS/COMPLAINANTS

    1    STATE OF KERALA
         REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
         OF KERALA AT ERNAKULAM, PIN - 682031
    2    SUB INSPECTOR OF POLICE
         KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT,
         PIN - 691555
    3    ADDL R3 THANKAMANI
         WIFE OF ANANDHAN, EDATHITTA P.O., KODUMON,
         PATHANAMTHITTA
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         8/11/2022 IN CRL MA 1/2022
         BY ADV
         SMT. SEETHA S. - SENIOR PUBLIC PROSECUTOR
         SRI. MANU RAMACHANDARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6545/2022, 6550/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                               2
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945


                BAIL APPL. NO. 6545 OF 2022
CRIME NO.825/2022 OF Pandalam Police Station, Pathanamthitta
   AGAINST THE ORDER/JUDGMENT CRMP 2451/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR


PETITIONER/ACCUSED:

         SANTHOSHKUMAR
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI, RRWA 338/2022, NO.124,
         GAYATHRI NIVAS, RAJEEV NAGAR, PUNNAKKAL P.O,
         PONEKKARA MURI, WARD NO.32, COCHIN CORPORATION,
         KANAYANNOOR TALUK, ERNAKULAM DISTRICT FROM
         POOVANATHUVILA PUTHEN VEEDU, ANDOOR P.O, VALAKOM
         VILLAGE, KOTTARAKKARA TALUK, PIN - 691532
         BY ADVS.
         SANTHOSHKUMAR(Party-In-Person)
         TOM JOSE
         GEETHA JOB(OZHUKAYIL)(K/636/1995)


RESPONDENTS/COMPLAINANT:
    1     STATE OF KERALA
          REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
          OF KERALA AT ERNAKULAM, PIN - 682031
    2     SUB INSPECTOR OF POLICE
          PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT,
          PIN - 689501
    3     RENY CHERIYAN ( SOUGHT TO BE IMPLEADED )
          WIFE OF CHERIYAN, AGED 49 YEARS, KULANADA,
          KAIPUZHA, PATHANAMTHITTA
          ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
          8/11/2022 IN CRL MA 1/2022.
                              3
B.A. No.6544 OF 2022 AND
CONNECTED CASES

         BY ADVS.
         SMT. NIMA JACOB - PUBLIC PROSECUTOR
         SRI. MANU RAMACHANDRAN



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                4
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945


                BAIL APPL. NO. 6550 OF 2022
 CRIME NO.749/2022 OF Adoor Police Station, Pathanamthitta
    AGAINST THE ORDER/JUDGMENT CC 1193/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR


PETITIONER/ACCUSED:

         SANTHOSHKUMAR
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI,ANDOORPOOVANATHUVILA
         PUTHEN VEEDU, VALAKOM, KOTTARAKKARA, PIN - 691532
         BY ADVS.
         TOM JOSE
         GEETHA JOB(OZHUKAYIL)(K/636/1995)


RESPONDENTS/COMPLAINANTS:

    1    STATE OF KERALA
         REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
         OF KERALA AT ERNAKULAM, PIN - 682031
    2    SUB INSPECTOR OF POLICE
         ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN
         - 693523
    3    ADDL R3 MANJUSHA V
         WIFE OF PRASAD,CHELIKUZHI P.O., ENADIMANGALAM,
         KUNNIDA, PATHANAMTHITTA
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         8/11/2022 IN CRL MA 1/2022.
         BY ADVS.
         SRI. C.S. HRITHWIK - SENIOR PUBLIC PROSECUTOR
         MANU RAMACHANDRAN
         M.KIRANLAL(K/963/2009)
                              5
B.A. No.6544 OF 2022 AND
CONNECTED CASES

         R.RAJESH (VARKALA)(K/78/2000)
         SAMEER M NAIR(K/000481/2017)
         GEETHU KRISHNAN(K/001199/2021)
         SAILAKSHMI MENON(K/1518/2021)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                               6
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945


                BAIL APPL. NO. 6551 OF 2022
 CRIME NO.373/2022 OF Adoor Police Station, Pathanamthitta
   AGAINST THE ORDER/JUDGMENT CRMP 2299/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR


PETITIONER/ACCUSED:

         SANTHOSHKUMAR
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI, ANDOORPOOVANATHUVILA
         PUTHEN VEEDU, VALAKOM, KOTTARAKKARA, PIN - 691532
         BY ADVS.
         TOM JOSE
         GEETHA JOB(OZHUKAYIL)


RESPONDENT/COMPLAINANT:

    1    STATE OF KERALA
         AGED 47 YEARS
         REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
         OF KERALA AT ERNAKULAM, PIN - 682031
    2    SUB INSPECTOR OF POLICE
         ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT,
         PIN - 693523
    3    ADDL.R3.ADARSH
         AGED 24 YEARS
         SON OF PRAVEEN,ANAYADI P.O., PALLICKAL, THOTTUVA,
         PATHANAMTHITTA PIN - 690561.
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         08-11-2022 IN CRL.M.A. NO.1/2022.
                              7
B.A. No.6544 OF 2022 AND
CONNECTED CASES

         BY ADVS,
         SMT. SHYNI V.O. - PUBLIC PROSECUTOR
         MANU RAMACHANDRAN



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                8
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945


                BAIL APPL. NO. 6568 OF 2022
CRIME NO.606/2022 OF Pandalam Police Station, Pathanamthitta
    AGAINST THE ORDER/JUDGMENT CC 1175/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR


PETITIONER/ACCUSED:

         SANTHOSHKUMAR
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI, ANDOORPOOVANATHUVILA
         PUTHEN VEEDU, VALAKOM, KOTTARAKKARA, PIN - 691532
         BY ADVS
         TOM JOSE
         GEETHA JOB(OZHUKAYIL)


RESPONDENTS/COMPLAINANTS:

    1    STATE OF KERALA
         REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
         OF KERALA AT ERNAKULAM, PIN - 682031
    2    SUB INSPECTOR OF POLICE
         PANTHALAM POLICE STATION, PATHANAMTHITTA DISTRICT,
         PIN - 689501
    3    SUMADEVI
         WIFE OF HARIKUMAR, KALLUVARAMBIL BHAGOM, EAST OF
         PILUKUNU TEMPLE, KAIPPUZHA NORTH MURI, KULAVADA
         VILLAGE, PATHANAMTHITTA
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         01-11-2022 IN CRL.M.A.1/2022
         BY ADVS.
         SRI. C.S. HRITHWIK - SENIOR PUBLIC PROSECUTOR
                              9
B.A. No.6544 OF 2022 AND
CONNECTED CASES

         MANU RAMACHANDRAN
         M.KIRANLAL(K/963/2009)
         R.RAJESH (VARKALA)(K/78/2000)
         SAMEER M NAIR(K/000481/2017)
         GEETHU KRISHNAN(K/001199/2021)
         SAILAKSHMI MENON(K/1518/2021)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                              10
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                BAIL APPL. NO. 6596 OF 2022
 CRIME NO.342/2022 OF Enath Police Station, Pathanamthitta


PETITIONER/ACCUSED:
          SANTHOSHKUMAR
          AGED 47 YEARS
          SON OF SIVASANKARAPILLAI,ANDOORPOOVANATHUVILA
          PUTHEN VEEDU, VALAKOM, KOTTARAKKARA, PIN - 691532
          BY ADVS.
          TOM JOSE
          GEETHA JOB(OZHUKAYIL)(K/636/1995)


RESPONDENTS/COMPLAINANTS:
    1     STATE OF KERALA
          REP. BY PUBLIC PROSECUTOR,HONOURABLE HIGH COURT OF
          KERALA AT ERNAKULAM, PIN - 682031
    2     SUB INSPECTOR OF POLICE
          ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT,
          PIN - 691526
    3     ADDL.R3.ANANDU
          AGED 25 YEARS
          SON OF SIDHARDHAN KADAMPANAD, PATHANAMTHITTA, PIN-
          691553.
          ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
          01-11-2022 IN CRL.M.A.NO.1/2022.
          BY ADVS.
          SMT. NIMA JACOB - PUBLIC PROSECUTOR
          SRI. MANU RAMACHANDRAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                              11
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                BAIL APPL. NO. 6604 OF 2022
 CRIME NO.417/2022 OF Enath Police Station, Pathanamthitta
   AGAINST THE ORDER/JUDGMENT CRMP 1859/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR


PETITIONER/ACCUSED NO.1:
          SANTHOSHKUMAR
          AGED 47 YEARS
          SON OF SIVASANKARAPILLAI,ANDOORPOOVANATHUVILA
          PUTHEN VEEDU, VALAKOM, KOTTARAKKARA, PIN - 691532
          BY ADVS.
          TOM JOSE
          GEETHA JOB(OZHUKAYIL)(K/636/1995)
RESPONDENTS/COMPLAINANTS:
    1     STATE OF KERALA
          REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
          OF KERALA AT ERNAKULAM, PIN - 682031
    2     SUB INSPECTOR OF POLICE
          ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT,
          PIN - 691526
    3     RAHUL R
          SON OF RAKHUNATHAN PILLAI, THUVAYOOR SOUTH P.O.,
          KADAMPANAD, MANJALI, PATHANAMTHITTA,,
          ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
          01-11-2022 IN CRL.M.A.1/2022
          BY ADVS
          SMT. SEETHA S. - SENIOR PUBLIC PROSECUTOR
          SRI. MANU RAMACHANDRAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                               12
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945

                BAIL APPL. NO. 6606 OF 2022
 CRIME NO.760/2022 OF Adoor Police Station, Pathanamthitta
   AGAINST THE ORDER/JUDGMENT CRMP 2298/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR
 CC 1195/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR


PETITIONER/ACCUSED:

         SANTHOSHKUMAR
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI, ANDOORPOOVANATHUVILA
         PUTHEN VEEDU, VALAKOM, KOTTARAKKARA, PIN - 691532
         BY ADVS.
         TOM JOSE
         GEETHA JOB(OZHUKAYIL)


RESPONDENTS/COMPLAINANTS:

    1    STATE OF KERALA
         REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
         OF KERALA AT ERNAKULAM, PIN - 682031
    2    SUB INSPECTOR OF POLICE
         ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT,
         PIN - 693523
    3    GEETHA J
         WIFE OF MOHAN DAS NEAR CHACKOOR CHIRA TEMPLE,
         NELLIMUKAL, KADAMBANADU, PATHANAMTHITTA
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         01-11-2022 IN CRL.M.A.1/2022
         BY ADVS.
         SMT. NIMA JACOB - PUBLIC PROSECUTOR
         MANU RAMACHANDRAN
                              13
B.A. No.6544 OF 2022 AND
CONNECTED CASES

         M.KIRANLAL(K/963/2009)
         R.RAJESH (VARKALA)(K/78/2000)
         SAMEER M NAIR(K/000481/2017)
         GEETHU KRISHNAN(K/001199/2021)
         SAILAKSHMI MENON(K/1518/2021)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                               14
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945


                BAIL APPL. NO. 6607 OF 2022
 CRIME NO.750/2022 OF Adoor Police Station, Pathanamthitta
    AGAINST THE ORDER/JUDGMENT CC 1194/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR


PETITIONER/ACCUSED:

         SANTHOSHKUMAR
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI, ANDOORPOOVANATHUVILA
         PUTHEN VEEDU, VALAKOM, KOTTARAKKARA, PIN - 691532
         BY ADVS.
         TOM JOSE
         GEETHA JOB(OZHUKAYIL)


RESPONDENTS/COMPLAINANTS:

    1    STATE OF KERALA
         REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
         OF KERALA AT ERNAKULAM, PIN - 682031
    2    SUB INSPECTOR OF POLICE
         ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT,
         PIN - 693523
    3    LIPIN JOHN
         SON OF JOHN VARGHESE, KADAMANKULAM, PERINGANAD,
         PAZHAKULAM P.O., PATHANAMTHITTA
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         01-11-2022 IN CRL.M.A.1/2022
         BY ADVS.
         SMT. NIMA JACOB - PUBLIC PROSECUTOR
         MANU RAMACHANDRAN
         M.KIRANLAL(K/963/2009)
                              15
B.A. No.6544 OF 2022 AND
CONNECTED CASES

         R.RAJESH (VARKALA)(K/78/2000)
         SAMEER M NAIR(K/000481/2017)
         DHANALAKSHMI V.K.(K/206/2013)
         GEETHU KRISHNAN(K/001199/2021)
         SAILAKSHMI MENON(K/1518/2021)



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                               16
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945


                BAIL APPL. NO. 6986 OF 2022
 CRIME NO.1215/2022 OF Gandhinagar Police Station, Kottayam
   AGAINST THE ORDER/JUDGMENT CRMC 1215/2022 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR


PETITIONER/ACCUSED:

         SANTHOSHKUMAR,
         AGED 47 YEARS
         SON OF SIVASANKARAPILLAI, AGED 47 YEARS,
         POOVANATHUVILAPUTHEN VEETTIL, ANDOOR P.O,
         KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN - 691532
         BY ADVS.
         SANTHOSHKUMAR, (Party-In-Person)
         GEETHA JOB(OZHUKAYIL)(K/636/1995)


RESPONDENTS/COMPLAINANTS:

    1    STATE OF KERALA
         REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
         OF KERALA AT ERNAKULAM,, PIN - 682031
    2    SUB INSPECTOR OF POLICE,
         GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT,
         PIN - 686008
    3    ADDL R3,ANILKUMAR K.V
         SON OF VELAYUDHAN, ERAVISWARAM TEMPLE BHAGOM,
         KUDAMALOOR KARA, AYMANAM VILLAGE, KOTTAYAM
         ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
         1/11/2022 IN CRL MA 1/2022
         BY ADVS.
         SMT. NIMA JACOB - PUBLIC PROSECUTOR
         MANU RAMACHANDRAN
                              17
B.A. No.6544 OF 2022 AND
CONNECTED CASES

         M.KIRANLAL(K/963/2009)
         R.RAJESH (VARKALA)(K/78/2000)
         SAMEER M NAIR(K/000481/2017)
         GEETHU KRISHNAN(K/001199/2021)
         SAILAKSHMI MENON(K/1518/2021)
         DHANALAKSHMI V.K.(K/206/2013)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                              18
B.A. No.6544 OF 2022 AND
CONNECTED CASES

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                BAIL APPL. NO. 7293 OF 2022
    CRIME NO.529/2022 OF Chavara Police Station, Kollam
 AGAINST THE ORDER/JUDGMENT CRMP 578/2022 OF JUDICIAL FIRST
              CLASS MAGISTRATE COURT, CHAVARA

PETITIONER/ACCUSED:
          SANTHOSHKUMAR
          AGED 47 YEARS
          SON OF SIVASANKARAPILLAI,GAYATHRI NIVAS,
          KALAMASSERY, ERNAKULAM DISTRICT, PIN - 682021
          BY ADVS.
          TOM JOSE
          GEETHA JOB(OZHUKAYIL)


RESPONDENTS/COMPLAINANTS:
    1     STATE OF KERALA REP. BY PUBLIC PROSECUTOR
          HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,
          PIN - 682031
    2     SUB INSPECTOR OF POLICE
          CHAVARA POLICE STATION, KOLLAM DISTRICT,
          PIN - 690524
    3     ANANDHU
          SON OF ASHOK KUMAR, PANMANA, CHITTOOR, KOLLAM
          DISTRICT,
          ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
          1/11/2022 IN CRL.M.A 1/2022.
          BY ADVS
          SMT. SEETHA S. - SENIOR PUBLIC PROSECUTOR
          MANU RAMACHANDRAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..6544/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  19
B.A. No.6544 OF 2022 AND
CONNECTED CASES

                           C.S.DIAS, J.
         ----------------------------------------------------
      B.A. Nos. 6544/2022, 6545/2022, 6550/2022,
   6551/2022, 6568/2022, 6596/2022, 6604/2022,
 6606/2022, 6607/2022, 6986/2022 and 7293/2022
         ----------------------------------------------------
        Dated this the 15th day of February, 2024


                      COMMON ORDER

The applications are filed under Section 439 of the

Code of Criminal Procedure, 1973 (in short, 'Code') by

the first accused in Crime Nos.397/2022 of the Kodumon

Police Station, 825/2022 of the Pandalam Police Station,

749/2022 and 373/2022 of the Adoor Police Station,

606/2022 of the Panthalam Police Station, 342/2022 and

417/2022 of the Enathu Police Station, 760/2022 and

750/2022 of the Adoor Police Station, 1215/2022 of

the Gandhi Nagar Police Station, Kottayam and

529/2022 of Chavara Police Station registered against

the accused 1 and 2 in all the above crimes for allegedly

B.A. No.6544 OF 2022 AND CONNECTED CASES

committing the offence punishable under Section 420

read with Section 34 of the Indian Penal Code. As the

petitioner is the same in all the cases, they were

consolidated, jointly heard and have been disposed of by

this common order.

2. The crux of the prosecution case in all the above

crimes is that, the accused 1 and 2, who are husband

and wife, in furtherance of their common intention to

cheat the defacto complainants, made the defacto

complainants believe that they would secure the defacto

complainants/their nominees employments in the Indian

Navy and the Railways. Accordingly, they made the

defacto complainants to pay substantive amounts to the

accused. However, the accused failed to secure the

employments or return the money to the defacto

complainants. Thus, the accused have committed the

above offence.

B.A. No.6544 OF 2022 AND CONNECTED CASES

3. Heard, Smt. Geetha Job the learned counsel

appearing for the petitioner, the learned Public

Prosecutors appearing for the respondents and Sri.

Manu Ramachandran, the counsel appearing for the

defacto complainants/intervenors.

4. The learned counsel appearing for the petitioner

submitted that the petitioner is absolutely innocent of

the accusations levelled against him. He has been falsely

implicated in the crime. This Court has enlarged the

petitioner on interim bail in all the above eleven cases.

Consequently, the petitioner appeared before the

Investigating Officer and his interrogation has been

completed and the recovery has to be effected.

Therefore, the petitioner's further detention is not

necessary. Hence, the interim orders passed by this

Court may be made absolute and the applications may

be allowed.

B.A. No.6544 OF 2022 AND CONNECTED CASES

5. The learned Public Prosecutors opposed the bail

applications. They contended that the petitioner was

granted interim bail in all the above eleven cases on his

assurance that he would amicably settle the disputes

with the defacto complainants. Consequently, the

petitioner and the defacto complainants were referred to

mediation. But, in the mediation proceedings, the

petitioner retracted from his undertaking and refused to

settle the disputes with the defacto complainants.

Therefore, the interim orders may be withdrawn and the

applications may be dismissed. Nonetheless, it was

conceded that in all the cases the investigation is

complete and the final reports have been filed before the

jurisdictional Magistrates.

6. The learned counsel appearing for the defacto

complainants/intervenors also opposed the application.

He contended that the petitioner has cheated the

defacto complainants by receiving substantial amounts

B.A. No.6544 OF 2022 AND CONNECTED CASES

and failing to secure the employment or refusing to

return money. Subsequently, the accused also undertook

before this Court that they would settle the disputes

with the defacto complainants by returning the money. It

was on the said assurance, this Court granted the

interim bail in all the cases, the petitioner was released

from custody and the parties were referred to mediation.

However, in the mediation proceedings the petitioner

has retracted from his solemn undertaking and again

cheated the defacto complainants. Consequently, the

mediation proceedings have turned unsuccessful and the

same were closed. The petitioner has once again taken

the defacto complainants and this Court for a ride.

Therefore, the applications may be dismissed.

7. On an evaluation of the records, it can be

gathered that this Court, by common orders dated

30.08.2022 and 19.09.2022, released the petitioner on

interim bail in all the cases on his undertaking that he

B.A. No.6544 OF 2022 AND CONNECTED CASES

would settle the disputes with the defacto complainants

in the mediation proceedings. Accepting the assurance

of the petitioner and to facilitate the mediation process,

this Court ordered the petitioner to be released on bail

by executing bonds in all cases to the satisfaction of the

jurisdictional courts and co-operate with the

Investigating Officers. Although, the petitioner did not

settle the disputes in mediation, the investigation in all

the cases have been completed and final reports have

been laid. The grievance of the defacto complainants is

that the petitioner has failed to comply with his oral

undertaking made before this Court.

8. The fact remains that the petitioner has been

released on interim bail, the investigation has been

completed in all cases and final reports have been laid.

Viewed in the above background I am of the definite

view, that the interim orders dated 30.08.2022 and

B.A. No.6544 OF 2022 AND CONNECTED CASES

19.09.2022 passed in the above cases have to be made

absolute, but subject to the following additional

conditions:

(i) The petitioner shall not intimidate the witnesses or

tamper with the evidence;

(ii) Petitioner shall surrender his passport in Crime

No.397/2022 of the Kodumon Police Station,

Pathanamthitta and he shall also file respective

affidavits in the other cases stating that he has

surrendered his passport in the above crime, if he

has not already surrendered his passport;

(iii) The Investigating Officers will be at liberty to

move the jurisdictional Courts and seek for further

investigation in the crimes, if the circumstances so

warrant.

(iv) In case of violation of any of the conditions

mentioned above and the interim bail orders, the

B.A. No.6544 OF 2022 AND CONNECTED CASES

jurisdiction courts shall be empowered to consider

the application for cancellation of bail, if any filed

and pass orders on the same in accordance with

law;

(v) The applications for deletion/modification of

the bail conditions shall also be filed before the

court below.

Sd/-

C.S. DIAS JUDGE BR

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6544/2022

PETITIONER'S ANNEXURES Annexure 1 ANNEXURE 1 Annexure 2 ANNEXURE 2

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6545/2022

PETITIONER'S ANNEXURES Annexure 1 ANNEXURE 1 Annexure 2 ANNEXURE 2

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6550/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 749 OF 2022 OF ADOOR POLICE STATION Annexure 2 TRUE COPY OF THE ORDER DATED 5.8.2022 IN CMP NO.2296 OF 2022 IN C.C.NO.1193/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6551/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN 373 OF 2022 OF ADOOR POLICE STATION Annexure 2 TRUE COPY OF THE ORDER DATED 5.8.2022 IN CMP NO.2299 OF 2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6568/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 606 OF 2022 OF PANTHALAM POLICE STATION Annexure 2 TRUE COPY OF THE ORDER DATED 5.8.2022 IN CMP NO.2300 OF 2022 IN C.C.NO.1175/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6596/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 342 OF 2022 OF ENATHU POLICE STATION Annexure 2 CERTIFIED COPY OF THE ORDER DATED 11.7.2022 IN CRL.MP NO.1860 OF 2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6604/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 417 OF 2022 OF ENATHU POLICE STATION Annexure 2 CERTIFIED COPY OF THE ORDER DATED 11.7.2022 IN CMP NO.1859 OF 2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6606/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.760/2022 OF ADOOR POLICE STATION Annexure 2 CERTIFIED COPY OF THE ORDER DATED 5.8.2022 IN CMP NO.2298 OF 2022 IN C.C.NO.1195/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6607/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 750 OF 2022 OF ADOOR POLICE STATION Annexure 2 CERTIFIED COPY OF THE ORDER DATED 5.8.2022 IN CMP NO.2297 OF 2022 IN C.C.NO.1194/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 6986/2022

PETITIONER'S ANNEXURES Annexure- 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1215 OF 2022 OF PANDALAM POLICE STATION Annexure- 2 TRUE FAIR COPY OF THE ORDER DATED 31.8.2022 IN CMP NO.4632 OF 2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ETTUMANOOR

RESPONDENT'S ANNEXURE'S: NIL

B.A. No.6544 OF 2022 AND CONNECTED CASES

APPENDIX OF BAIL APPL. 7293/2022

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 529 OF 2022 OF CHAVARA POLICE STATION Annexure 2 CERTIFIED COPY OF THE ORDER DATED 3.9.2022 IN CMP NO.578 OF 2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA

RESPONDENT'S ANNEXURE'S: NIL