Kerala High Court
Anoop K.P vs State Of Kerala on 4 August, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:57911
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
CRL.MC NO. 6453 OF 2025
CRIME NO.982/2024 OF KOLLAM EAST POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 28.10.2024 IN SC NO.663 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, KOLLAM / III
ADDL.M.A.C.T. / RENT CONTROL APPELLATE AUTHORITY
PETITIONER:
ANOOP K.P
AGED 37 YEARS
S/O PONNAPPAN, KANDANAPIRAVOOR, MALLEZHATHU MUKKU,
SAKTHIKULANGARA, KOLLAM NOW RESIDING AT AN'S DALE, KAVANADU,
SAKTHIKULANGARA, KOLLAM DISTRICT PIN, PIN - 691581
BY ADVS.
SHRI.A.JANI(KOLLAM)
SHRI.MUHAMMED KHAISE J.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
2 THE SUB INSPECTOR OF POLICE
KOLLAM EAST POLICE STATION , KOLLAM, PIN, PIN - 691001
BY ADV. SRI. M.C. ASHI, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.6453 of 2025
2025:KER:57911
2
ORDER
Dated this the 04th day of August, 2025
Petitioner was the 4th accused in Crime No.982 of
2024 of the Kollam East Police Station, initially
registered for the offence punishable under Sections
304A and later converted to Section 302 of the Indian
Penal Code. The prosecution allegation is that, accused
Nos.3 and 4, while working in the Mini Muthoot Nidhi,
created fake documents and availed loans from the
fixed deposits of a customer named Pappachan. By
adopting such dubious methods, accused Nos.2 and 3
misappropriated Rs.25,08,728/- from Pappachan's
account and used it for their own purpose. When
Pappachan realized about the forgery and cheating,
accused Nos.3 and 4 conspired with accused Nos.1 and
2 and murdered Pappachan by dashing a car against
him and making it appear to be an accident.
2025:KER:57911
2. The petitioner was arrested on 08.08.2024 and
remanded to judicial custody. While undergoing
custody, the petitioner voluntarily confessed about his
complicity in the crime and stated about the role played
by the other accused. Accordingly, after completing the
procedure prescribed in Section 306 Cr.PC, the Chief
Judicial Magistrate, Kollam issued Annexure A-5 order,
tendering pardon to the petitioner and accepting him as
an approver. The learned Magistrate also directed the
approver to be detained in custody till the termination
of the trial. This Criminal Miscellaneous Case is filed
aggrieved by the direction to detain the petitioner in
custody till the trial is terminated.
3. Learned Counsel for the petitioner submitted
that accused were granted bail and detention of the
petitioner after tendering pardon is illegal. It is pointed
out that more than a year has elapsed after Annexure
2025:KER:57911
A-5 order and continuance of the petitioner in custody is
causing him substantial prejudice and hardship.
4. Learned Public Prosecutor pointed out that the
petitioner's evidence as an approver is crucial as far as
the case is concerned and accused Nos.1 and 2 being
hardened criminals, there is every possibility of their
trying to influence and intimidate the petitioner to
retract from his stand. It is contended that Section
360(4)(b) mandates detention of the person tendered
pardon in custody until termination of the trial, if he is
not on bail.
5. Learned Counsel for the petitioner relied on the
decision in Saidevan Thampi and Another v. State
of Kerala and Others [2013 (4) Ker 496] to submit
that, under similar circumstances, this Court, by
invoking the inherent power under Section 482 Cr.P.C,
had ordered the release of an approver.
2025:KER:57911
6. As rightly contended by the learned Public
Prosecutor, the mandate of Section 306(4)(b) is to
detain the approver in custody till conclusion of the
trial, if he is not on bail. Even if so, it is to be considered
whether the approver should indefinitely be continued
in custody, awaiting completion of the trial. In
answering the question, I take guidance from the well
considered decision of this Court in Saidevan Thampi
(supra). Therein, after careful analysis of the provisions
and elaborate consideration of precedents, this Court
summarized the legal position as under;
"The position can be summarised as follows:
(i) Section 306(4)(b) CrPC is an enabling provision
which empowers the authorities concerned to
detain a person who has been tendered pardon.
(ii) The authorities mentioned in Section 306 CrPC
are precluded from releasing the person who has
been tendered pardon from custody.
(iii) The embargo under Section 306(4)(b) CrPC
cannot be imported into Section 307 CrPC.
2025:KER:57911
(iv) In view of the fact that a person tendered
pardon stands discharged and occupies the status
of a witness, Section 437 and 439 CrPC are not
available him from custody.
(v) Section 306(4)(b) CrPC cannot be taken as an
absolute prohibition or fetter on the inherent
power of the High Court under Section 482 of
CrPC in appropriate cases to release the approver
from detention on such conditions as the Court
deems fit.
(vi) In view of the above position, challenge to the
constitutionality of Section 306(4)(b) CrPC need
not be considered.
Being in respectful agreement with the
conclusions above, the Criminal Miscellaneous Case is
disposed of as follows;
(i) The petitioner shall be released on bail on his
executing a bond for Rs.1,00,000/- (Rupees one
lakh only) with two solvent sureties for the like
sum to the satisfaction of the Chief Judicial
Magistrate, Kollam.
2025:KER:57911
(ii) The petitioner shall make himself available for
trial and appear before the jurisdictional court as
and when required to do so.
(iii) The petitioner shall provide his address to the
Station House Officer of the Police Station within
the limits of which he will be residing after his
release.
(iv) The petitioner shall not leave the limits of
Kollam District until the trial is over.
Sd/-
V.G.ARUN
JUDGE
NB/4-8
2025:KER:57911
PETITIONER ANNEXURES
ANNEXURE A-1 A CERTIFIED COPY OF THE FIR NO. 982/2024, DATED
24.05.2024, REGISTERED BY THE KOLLAM EAST POLICE
STATION
ANNEXURE A-2 A CERTIFIED COPY OF THE CASE DIARY, INCLUDING THE
REMAND REPORT AND ALLIED RECORDS, PRODUCED BY THE
POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, KOLLAM
ANNEXURE A-3 CERTIFIED COPY OF THE FINAL REPORT
ANNEXURE A-4 A CERTIFIED COPY OF THE STATEMENT OF THE
PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT, KOLLAM DATED 28.10.2024
ANNEXURE A-5 A TRUE COPY OF ORDER DATED 28.10.2024 IN CRIME NO
982 OF 2024 BEFOE THE CHIEF JUDICIAL MAGISTRATE,
KOLLAM
TRUE COPY
P.A. TO JUDGE
