Bail Applications Nos. 11513/2023, 11518/2023 and 11531/2023 v State of Kerala, High Court of Kerala (Ernakulam)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.S.Dias
- Judgment Date
- 2024-02-08
- Court Decision / Holding
- The Bail Applications are allowed in favour of the petitioners, subject to the following conditions: (i) surrender before the Investigating Officer within ten days; (ii) on surrender, release on bail with bond of Rs. 25,000 and two solvent sureties; (iii) petitioners to cooperate with the investigation, including deemed police custody for recovery as demanded; (iv) petitioners not to intimidate witnesses or interfere with the investigation; (v) petitioners not to commit any offence while on bail; (vi) police may investigate and effect recoveries on information even when on bail, in line with the Apex Court decision in Sushila Aggarwal. The judgment aligns with Annexure A precedent and similar prior orders, maintaining consistency in granting pre-arrest bail under Section 438 CrPC.
- Final Disposition
- Bail applications allowed (pre-arrest bail) with specified conditions.
Parties to the Case
Appellants / Petitioners
- SREENIVASAN.K
- SALEEM BAI @ ABDUL SALEEM K.S
Respondents
- State of Kerala, represented by Public Prosecutor, High Court of Kerala (SHO Mankada Police Station)
Legal Representation & Advocates
Counsels for Petitioners
- • Adv P.P.Ramachandran
Counsels for Respondents
- • Smt Seetha S
- • Sri C S Hrithwik
- • Shyni V O
Case Synopsis & Summary
These bail applications, under Section 438 CrPC, concern petitioners Sreenivasan.K and Saleem BAI @ Abdul Saleem K.S, accused in Crime Nos. 857, 865 and 866 of 2023 at Mankada Police Station, Malappuram. The State opposes pre-arrest bail, contending the applicants induced others to release vehicles by forging release orders, resulting in loss to owners; Investigations claim involvement in the release and disposal of vehicles as scrap in Tamil Nadu. The petitioners contend innocence, denial of presence at the scene, false implication, and rely on a precedent Annexure A order where co-accused received pre-arrest bail. On 8 February 2024, the High Court, per Justice C.S. Dias, allowed the three bail applications, applying the same rationale as Annexure A and the earlier case 893/2023, noting that the petitioners were not at the scene of occurrence and that their arrest was not necessary for purposes of investigation. The court directed surrender within ten days, bonds of Rs 25,000, cooperation with investigation including deemed police custody, and protective conditions, including non-intimidation of witnesses and ensuring not to commit offences while on bail. The order also clarifies that police may recover on information even when bail is granted, as per Sushila Aggarwal.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend innocence, denial of presence at the scene, false implication, and rely on a precedent Annexure A order where co-accused received pre-arrest bail. They argue they were not at the scene of the release of vehicles and should be granted pre-arrest bail on similar terms. The reliance on Annexure A, which involved similar crimes and outcomes, supports their request for liberty pending investigation. The petitioners submit that custodial interrogation is not essential at this stage and that they have been falsely implicated.
Contentions of Respondents
The State/Prosecution contends that the petitioners are part of a calculated scheme involving forged release orders to release vehicles, with subsequent disposal as scrap. They argue custodial interrogation is necessary to unravel the roles and to recover assets, and that granting pre-arrest bail would hamper investigation and enable flight risk. They emphasize the gravity of the offences (fraud and forgery) and rely on the materials in Crimes 857, 865, and 866 to oppose bail, seeking stricter conditions or dismissal to safeguard investigation and evidence.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sushila Aggarwal and others v. State (NCT of Delhi) and another | 2021 (1) KHC 663 | Positive | Cited as authority for allowing police recoveries and related actions even when the petitioners are on bail; used to justify the inclusion of the policing-recovery provision (vi) in the bail order. |
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