Kerala High Court
Manoj U vs The State Of Kerala on 10 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 3939 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
BAIL APPL. NO. 3939 OF 2023
CRIME NO.0247/2023 OF Palakkad Town South Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED 08.05.2023 IN CRMC
NO.1642 OF 2023 OF DISTRICT COURT & SESSIONS COURT,
PALAKKAD
PETITIONER/S:
MANOJ U.,AGED 29 YEARS, S/O. UDAYAKUMAR,
PUTHANPURA HOUSE, EDATHARA (P.O.), PALAKKAD, PIN
- 678611
BY ADV K.RAVI (PARIYARATH)
RESPONDENT/S:
1 THE STATE OF KERALA,REPRESENTED BY THE DEPUTY
SUPDT. OF POLICE, DISTRICT CRIME BRANCH,
PALAKKAD, THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA AT ERNAKULAM, PIN - 682018
2 REEJA PHILIP,AGED 39 YEARS, RESIDING AT 1979
CRAIG WAY, LA VERNE, CALIFORNIA, USA - 91750,
CONTACT NUMBER: +1(909) 992-2171, 9947152263,
THROUGH POWER OF ATTORNEY HOLDER EDWARD JAMES
CHOOLATHEL, AGED 59 YEARS, S/O. JAMES CHOOLATHEL,
RESIDING AT LAKSHAMVEEDU, UPPUTHARA, IDUKKI,
KERALA- 685501 IS IMPLEADED AS R2 AS PER ORDER
DATED 5/6/023 IN CRL. M.A 1/2023.
BY ADVS.
ANANDHU SATHEESH
SREEDEVI S.
V.G.SURESH
JOHN JOSEPH
OTHER PRESENT:
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SR PP SMT PUSHPALATHA M K
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.S.DIAS,J
--------------------------------------------
Bail Application No.3939 of 2023
---------------------------------------------
Dated this the 10th day of October, 2024
ORDER
The application is filed under Section 438 of the
Code of Criminal Procedure, 1973 (in short, 'Code'), for
an order of pre-arrest bail.
2. The petitioner is the sole accused in Crime
No.247/2023 of the District Crime Branch, Palakkad,
which is registered against him for allegedly
committing the offences punishable under Sections 354,
354D(2), 384, 420 and 506 of the Indian Penal Code.
3. The prosecution case, in brief, is that: the
accused got acquainted with the survivor, who is an
American citizen working as a Nurse in California. The
accused phished the data and personal photographs of
the survivor from her mobile phone. Thereafter, he
demanded money for his charity works by pretending to
be a social worker. The survivor initially send certain
amounts, but thereafter refused to adhere to the
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accused's demands. Then the accused threatened the
survivor that he would publish her pictures in the social
media. The accused misappropriated Rs.1/- crore from
the survivor. Thus, the accused has committed the
above offences.
4. Heard; Sri.K.Ravi, the learned counsel
appearing for the petitioner, Smt.Seetha S., the learned
Senior Public Prosecutor and Smt.Sreedevi S., the
learned counsel appearing for the intervenor/defacto
complainant.
5. The learned counsel for the petitioner and
the learned counsel for the intervenor submitted that
the subject matter in dispute between the parties has
been settled as per Anenxure-4 settlement agreement
dated 05.04.2024 executed between the parties.
Pursuant to the agreement, the petitioner has paid
Rs.11/- lakh to the intervenor, and he has issued post-
dated cheques towards payment of the balance amount.
The said submission is recorded.
6. In the light of the above submission and
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taking into consideration that the dispute between the
parties has been settled and the bail application is
pending consideration before this Court from
05.06.2023, I am of the view that the petitioner's
custodial interrogation is not necessary. Hence, I hold
that the petitioner is entitled to an order of pre-arrest
bail; subject to the condition that he co-operates with
the Investigating Officer.
In the result, the application is allowed subject
to the following conditions:
(i) The petitioner is directed to surrender before the
Investigating Officer within two weeks from today.
(ii) In the event of the arrest of the petitioner, the
Investigating Officer shall release the petitioner
on bail on him executing a bond for Rs.2,00,000/-
(Rupees Two Lakh only) each with two solvent
sureties for the like amount each;
(iii) The petitioner shall appear before the
Investigating Officer for interrogation, as and
when directed by the Investigating Officer;
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(iv) The petitioner shall not directly or indirectly make
any inducement, threat or procure to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the
court or to any Police Officer or tamper with the
evidence in any manner, whatsoever;
(v) The petitioner shall not get involved in any other
offence while on bail;
(vi) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for
cancellation of bail, if any filed, and pass orders
on the same, in accordance with law;
(vii) Applications for deletion/modification of the bail
conditions shall also be filed before the court
below;
(viii) Needless to mention, it would be well within the
powers of the Investigating Officer to investigate
the matter and, if necessary, to effect recoveries
on the information, if any, given by the petitioner
even while the petitioner is on bail as laid down
by the Hon'ble Supreme Court in Sushila
Aggarwal v. State (NCT of Delhi) And another
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[2020 (1) KHC 663];
(ix) The observations made in this order are only for
the purpose of considering the application and the
same shall not be construed as an expression on
the merits of the case, which shall be decided by
the competent Courts.
Sd/-
C.S.DIAS, JUDGE
rkc/10.10.24
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APPENDIX OF BAIL APPL. 3939/2023
PETITIONER ANNEXURES
Annexure-1 TRUE COPY OF THE F.I.R. WITH NO.
0247/2023, ON THE FILE OF THE PALAKKADS
TOWN SOUTH POLICE STATION, DATED
17.02.23.
Annexure-2 TRUE COPY OF THE LAWYER NOTICE ISSUED TO
THE PETITIONER AT THE INSTANCE OF THE
DEFACT COMPLAINANT, DATED, 08.06.22.
Annexure-3 CERTIFIED COPY OF THE ORDER PASSED BY
THE LEARNED SESSION JUDGE PALAKKAD IN
CRIMINAL MISCELLANEOUS CASE
NO.1642/2023, DATED 08.05.2023.
Annexure -4 TRUE COPY OF THE AGREEMENT ENTERED IN TO
BETWEEN THE PETITIONER AND THE 2ND
RESPONDENT, DATED 05.04.24.
