Fahad P.J. v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` TUESDAY, THE 27[TH] DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945 ``` ``` BAIL APPL. NO. 5830 OF 2023 ``` ``` CRIME NO.540/2023 OF IRINJALAKUDA POLICE STATION, THRISSUR ``` ## **`PETITIONER/ACCUSED:`** ``` FAHAD P.J, AGED 27 YEARS S/O ISMAIL, PATTANITHARA HOUSE. MOONNUPEEDIKA, CHAKKARAPADOM DESAM, PERINJANAM VILLAGE. KODUNGALLOOR TALUK, PIN - 680664 ``` ## **`BY ADV TISSY ROSE K CHERIYAN`** ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, (THROUGH SUB INSPECTOR OF POLICE IN CRIME NO. 540/2023 OF IRINGALAKUDA POLICE STATION, THRISSUR DISTRICT) HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ``` 2VIJEESH, (SUBSTITUTED)* AGED 34 YEARS S/O SASI, KOLENGATTPARAMBIL HOUSE, CHERPU, URAKAM DESAM, URAKAM VILLAGE, AREA MANAGER, CFCICI SOCIETY, IRINJALAKUDA BRANCH, THRISSUR RURAL- 680562. ``` ``` * SRI. MANOJ K. NAIR, S/O K.S. KESAVAN NAIR, CHIEF COMPLIANCE OFFICER & HEAD – LEGAL, THE CENTRAL FINANCIAL CREDIT AND INVESTMENT CO OPERATIVE (INDIA) LTD (CFCICI), II FLOOR, IFIL TOWER, SEAPORT-AIRPORT ROAD, THRIKKAKARA, KOCHI, KERALA- 682021, RESIDING AT 50/1440A, SREE KRISHNA, EDAPPALLY NORTH, AIMS P.O, ERNAKULAM SUBSTITUTED AS PER ORDER DATED 28/11/2023 IN ``` ## B.A.No.5830 of 2023 ## -:2:- ``` CRL.MA.1/2023, PIN - 680562 BY ADVS. BLOSSOM MATHEW U.KARTHIKA ``` ## **`OTHER PRESENT:`** ## **`SR PP SRI C S HRITHWIK`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.5830 of 2023 ## -:3:- Dated this the 27[th] day of February, 2024 **O R D E R** The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of prearrest bail. 2. The petitioner is the sole accused in Crime No.540/2023 of the Irinjalakuda Police Station, Thrissur, registered against him for allegedly committing the offence under Section 420 of the Indian Penal Code, 1860. 3. Heard; Smt.Tissy Rose K. Cheriyan, the learned counsel appearing for the petitioner and Sri. C.S, Hrithwik, the learned Public Prosecutor appearing for the respondents. 4. When the bail application came up for consideration on 10.11.2023, the counsel on both sides submitted that there was a likelihood of the dispute ## B.A.No.5830 of 2023 -:4:- between the parties being settled if they are referred to mediation. Consequently, this Court referred the parties to the Mediation Centre, the High Court of Kerala. 5. Today, when the application is taken up for consideration, the counsel on both sides submit that the subject matter in dispute between the parties has been settled as per the memorandum of settlement agreement dated 23.01.2024, signed by the parties and counter signed by the respective counsel before the Kerala State Mediation Centre and Conciliation Centre, High Court of Kerala. 6. On a consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, especially after going through the Memorandum of Settlement of Agreement dated 23.01.2024, executed between the parties, I am of the definite view that the petitioner’s custodial ## B.A.No.5830 of 2023 ## -:5:- interrogation is not necessary. Hence, I hold that the petitioner is entitled to an order of pre-arrest bail. In the result, the application is allowed subject to the following conditions: i) The petitioner is directed to surrender before the Investigating Officer within one week from today. ii) In the event of the petitioner’s arrest, the Investigating Officer shall produce her before the jurisdictional court on the date of surrender itself. iii) On such production, the jurisdictional court shall release the petitioner on bail on her executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court; iv) The petitioner shall co-operate with the investigation and make herself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; ## B.A.No.5830 of 2023 -:6:- v). The petitioner shall not intimidate witnesses or interfere with the investigation in any manner; vi). The petitioner shall not get involved in any other offence while on bail. vii). 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. viii). Applications for deletion/modification of the bail conditions shall also be filed before the court below. (ix) 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** B.A.No.5830 of 2023 -:7:- **Delhi) and another [2020 (1) KHC 663].** Sd/- **C.S.DIAS,JUDGE** mtk/27.02.24 B.A.No.5830 of 2023 -:8:- ## **`APPENDIX OF BAIL APPL. 5830/2023`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE A1A TRUE COPY OF THE FIR REGISTERED AGAINST THE PETITIONER IN CRIME NO. 540/2023OFIRINGALAKUDAPOLICE STATION, DATED 10.04.2023 ``` ``` ANNEXURE A2A TRUE COPY OF THE ORDER IN CRL.M.C NO. 951/2021 OF THE SESSIONS JUDGE, THRISSUR DATED 04.07.2023 ```