MANOJ and THANKAMANIYAN v. STATE OF KERALA and OMANAKUTTAN

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 18[TH] DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 ``` ## **`BAIL APPL. NO. 9347 OF 2023`** ``` CRIME NO.1326/2023 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM ``` ## **`PETITIONERS/ACCUSED:`** - **`1 MANOJ, AGED 30 YEARS S/O. THANKAMANIYAN, MENON VILLAI, NEMOM, THIRUVANANTHAPURAM CITY, KERALA, INDIA, PIN - 965020`** - **`2 THANKAMANIYAN, AGED 55 YEARS S/O.CHELLAYYAN, MENON VILLAI, NEMOM, THIRUVANANTHAPURAM, KERALA, PIN - 690520 BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE ABHILASH C.V. VARUN JACOB`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** - **`2 OMANAKUTTAN, HARISREE BHAVAN, T.C 21/1010, MRA 14, NEDUNCADU DESOM, KARAMANA, THIRUVANANTHAPURAM-( IS IMPLEADED AS ADDL R2 AS PER ORDER DATED 17/11/23 IN CRL MA 1/23)`** ``` BY ADVS. SMT. NEEMA T. V. - SENIOR PUBLIC PROSECUTOR R.SUNIL KUMAR ``` - **`A.SALINI LAL(K/1486/1999)`** **2** **BAIL APPL. NO. 9347 OF 2023** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **3** **BAIL APPL. NO. 9347 OF 2023** ## **C.S.DIAS, J.** **-------------------------------------------------------B.A. No. 9347 OF 2023 ------------------------------------------------------Dated this the 18[th] day of March, 2024** ## **O R D E R** 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 petitioners are the accused 1 and 2 in Crime No.887/2023 of the Nemom Police Station, Thiruvananthapuram, registered against them for allegedly committing the offences punishable under Sections 420, 405 and 468 read with Section 34 of the Indian Penal Code, 1860. 3. Heard; Sri. Vishnu Bhuvanendran, the learned counsel appearing for the petitioners, Smt. Neema T. V., the learned Public Prosecutor and Sri. Sunil Kumar, the **4** **BAIL APPL. NO. 9347 OF 2023** learned counsel appearing for the defacto complainant/ intervenor. 4. When the bail application is taken up for consideration on 18.01.2024, on the submission made by the counsel appearing for both the parties, the parties were referred to mediation at the District Mediation Centre, Thiruvananthapuram. 5. Today, when the bail application is taken up for further consideration, the learned counsel appearing on both sides submit that the subject matter in the dispute between the petitioners and the defacto complainant/ second respondent has been amicably settled as per memorandum of settlement agreement dated 05.03.2024 executed by the parties and counter signed by the respective counsel before the District Mediation Centre, Thiruvananthapuram. **5** **BAIL APPL. NO. 9347 OF 2023** 6. On a consideration of the facts, the rival submissions made across the Bar and materials placed on record, especially taking into account the fact that the dispute between the parties has been amicably settled out of the Court, I am of the view that the petitioners’ custodial interrogation is not necessary. Hence, I am inclined to grant an order of pre-arrest bail, but subject to the condition that the petitioners cooperates with the investigation and abide by the conditions laid down by this Court. Thus, I hold that the petitioners are entitled to an order of pre-arrest bail. In the result, the application is 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 **6** **BAIL APPL. NO. 9347 OF 2023** jurisdictional court on the date of surrender itself; iii) On such production, the jurisdictional court shall release the petitioners on bail on him 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; 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 **7** **BAIL APPL. NO. 9347 OF 2023** 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 petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]** . **Sd/C.S.DIAS JUDGE** BR **8** ## **BAIL APPL. NO. 9347 OF 2023** ## **`APPENDIX OF BAIL APPL. 9347/2023`** ``` PETITIONER’S ANNEXURES Annexure-I TRUE COPY OF FIR IN CRIME NO. 887/2023 DATED 14.07.2023 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM ``` ``` RESPONDENT’S ANNEXURES: NIL ```