Bail Applications Nos. 11092/2023 and 11212/2023 in Crime No.1655/2023, Fort Police Station, Thiruvananthapuram v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ## **`BAIL APPL. NO. 11212 OF 2023`** ``` CRIME NO.1655/2023 OF FORT POLICE STATION, THIRUVANANTHAPURAM ``` ## **`PETITIONERS/ACCUSED:`** - **`1 JESSY GEORGE, AGED 60 YEARS W/O GEORGE THOMAS, PANACHIKKAL HOUSE, OPPOSITE COTTON HILL L.P.S, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014`** - **`2 XAVI MANO MATHEW, AGED 55 YEARS S/O LATE JOHN MATHEW, PANACHIKKAL HOUSE, OPPOSITE COTTON HILL L.P.S., VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014`** - **`BY ADVS. P.V.ANIL VARGHESE N.G.`** ## **`RESPONDENTS / STATE AND DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2T.C.MATHEW, THARANIYIL VEEDU,NEAR SNDP OFFICE, ARIKUZHAKARA, 2ND WARD, MANACAUD, PANCHAYATH, MANACAUD VILLAGE, THODUPUZHA THALUK, IDUKKI, KERALA, PIN - 685608 BY ADVS. ABRAHAM JOSEPH MARKOS V.ABRAHAM MARKOS ISAAC THOMAS P.G.CHANDAPILLAI ABRAHAM ALEXANDER JOSEPH MARKOS SHARAD JOSEPH KODANTHARA JOHN VITHAYATHIL AIBEL MATHEW SIBY ``` ## **`OTHER PRESENT:`** ## **`SR PP SMT SEETHA S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 01.04.2024, ALONG WITH BAIL APPL..11092/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.11092 & 11212 of 2023 -:2:- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 11092 OF 2023 ``` ``` CRIME NO.1655/2023 OF FORT POLICE STATION, THIRUVANANTHAPURAM ``` ## **`PETITIONER/ACCUSED:`** ``` SREELETHA B.K, AGED 57 YEARS W/O. ABHAYAKUMAR D.S.,T.C. 16/1396, PADMA VILASAM, JAGATHY,THYCAUD POST, THIRUVANANTHAPURAM, PIN - 695014 ``` ## **`BY ADV K.A.SALIL NARAYANAN`** ## **`RESPONDENTS/STATE AND DEFACTO COMPLAINANT:`** |**`1`**|**`STATE OF KERALA,`**| |---|---| ||**`REPRESENTED BY PUBLIC PROSECUTOR,`**| ||**`HIGH COURT OF KERALA, PIN - 682031`**| |**`2`**|**`T.C. MATHEW,`**| ||**`LATE T.V. CHACKO, THARANIYIL HOUSE, OPP. S.N.D.P.,ARIKKUZHA,`**| ||**`MANAKKAD,`**| ||**`THODUPUZHA, IDUKKI DISTRICT, IS IMPLEADED AS ADDL. R2 AS PER`**| ||**`ORDER DATED 21/12/2023IN CRL.MA.1/2023.`**| ||**`BY ADVS.`**| ||**`ABRAHAM JOSEPH MARKOS`**| ||**`V.ABRAHAM MARKOS`**| ||**`ISAAC THOMAS`**| ||**`P.G.CHANDAPILLAI ABRAHAM`**| ||**`ALEXANDER JOSEPH MARKOS`**| ||**`SHARAD JOSEPH KODANTHARA`**| ||**`JOHN VITHAYATHIL`**| ||**`AIBEL MATHEW SIBY`**| ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ``` ``` ALONG WITH BAIL APPL..11212/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.11092 & 11212 of 2023 ## -:3:- ## **C O M M O N O R D E R** Dated this the 1[st] day of April, 2024 These applications are filed under Section 438 of the Code of Criminal Procedure, 1973, for orders of prearrest bail. 2. The petitioners in B.A.No.11212/2023 are the accused 1 and 2 and the petitioner in B.A.No.11092/2023 is the third accused in Crime No.1655/2023 of the Fort Police Station, Thiruvananthapuram, registered against them for allegedly committing the offences punishable under Sections 406, 409 and 420 r/w Section 34 of the Indian Penal Code. 3. When the bail application came up for consideration on 29.01.2024, on the submission made by the respective counsel appearing for the parties, the parties were referred to the Mediation Centre, High Court of Kerala on 07.02.2024, to settle their dispute in B.A.Nos.11092 & 11212 of 2023 ## -:4:- mediation. 4. Heard; Sri.Salil Narayanan. K.A. and Sri. P.V. Anil, the learned counsel appearing for the petitioners, Smt.Seetha.S., the learned Senior Public Prosecutor appearing for the respondents and Sri. V.Abraham Markos, the learned counsel appearing for the defacto complainant. 5. The learned counsel appearing for the parties submitted that the subject matter in dispute between the petitioners and the defacto complainant/second respondent has been amicably settled in the mediation proceeding that was conducted before the High Court Mediation Centre, High Court of Kerala. The said submission is recorded. 7. In the light of the above submission, I am of the definite view that the petitioners' custodial interrogation is not necessary and the applications are only to be allowed B.A.Nos.11092 & 11212 of 2023 ## -:5:- In the result, the applications are allowed, subject to the following conditions: i) The petitioners are directed to surrender before the Investigating Officer within ten days from today. ii) In the event of the petitioners’ arrest, the Investigating Officer shall produce them before the jurisdictional court on the date of surrender itself. iii) On such production, the jurisdictional court shall release the petitioners on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court; iv) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; v). The petitioners shall not intimidate witnesses or interfere with the investigation in any manner; ## B.A.Nos.11092 & 11212 of 2023 -:6:- vi). The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file an affidavit to the effect before the court below on the date of execution of the bond; (vii) The petitioners shall not get involved in any other offence while on bail. viii). In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the applications for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. ix). Applications for deletion/modification of the bail conditions shall also be filed before the court below. x) 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 petitioners even while the petitioner **s ar** e on bail as laid down by the Hon'ble B.A.Nos.11092 & 11212 of 2023 -:7:- Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].** Sd/- **C.S.DIAS,JUDGE** mtk/01.04.24 B.A.Nos.11092 & 11212 of 2023 -:8:- ## **`APPENDIX OF BAIL APPL. 11092/2023`** ``` PETITIONER ANNEXURES ANNEXURE A1A TRUE COPY OF THE FIR IN CRIME 1655/2023 OF THE FORT POLICE STATION IN THIRUVANANTHAPURAM CITY ANNEXURE A2A TRUE COPY OF THE CERTIFICATE ISSUED BY THE DOCTOR TREATING THE PETITIONER ANNEXURE A3A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED TO THE PETITIONER FROM THE HOSPITAL ``` B.A.Nos.11092 & 11212 of 2023 ## -:9:- ## **`APPENDIX OF BAIL APPL. 11212/2023`** ``` PETITIONER ANNEXURES ANNEXURE A1TRUE COPY OF THE FIR BY NO.1655/2023 OF FORT POLICE STATION ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THIRUVANANTHAPURAM ``` - **`ANNEXURE A2 TRUE COPY OF THE STATEMENT OF ACCOUNT OF FEDERAL BANK, CHANGANASERY BRANCH, OF THE 1ST PETITIONER/ 1ST ACCUSED FOR THE PERIOD FROM 01.12.2017 TO 30.04.2018`** - **`ANNEXURE A3 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE 1ST PETITIONER/1ST ACCUSED OF FEDERAL BANK, COTTON HILL BRANCH, THIRUVANANTHAPURAM, FOR THE PERIOD FROM 04.06.2017 TO 31.03.2018`** - **`ANNEXURE A4 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE 2ND PETITIONER/2ND ACCUSED OF FEDERAL BANK, COTTON HILL BRANCH, THIRUVANANTHAPURAM, FOR THE PERIOD FROM 01.01.2018 TO 01.07.2018`** - **`ANNEXURE A5 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE WIFE OF THE 2ND PETITIONER/2ND ACCUSED OF FEDERAL BANK, COTTON HILL BRANCH, THIRUVANANTHAPURAM, FOR THE PERIOD FROM 01.04.2018 TO 31.03.2019`** - **`ANNEXURE A6 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE MOTHER IN LAW OF THE 2ND PETITIONER/2ND ACCUSED OF STATE BANK OF INDIA, VELLAYAMBALAM BRANCH FOR THE PERIOD FROM 01.04.2017 TO 27.11.2018`** - **`ANNEXURE A7 TRUE COPY OF THE RECEIPT DATED 08.10.2020 ISSUED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT, IN FAVOUR OF THE 2ND PETITIONER/2ND ACCUSED`** - **`ANNEXURE A8 THE POWER OF ATTORNEY DATED 26.02.2024 EXECUTED BY THE 1ST PETITIONER/1ST ACCUSED IN THE NAME OF THE 2ND PETITIONER/2ND ACCUSED`**