High Court of KeralaSingle Judge2023-12-07Bail granted with conditions.

Melbin Mathew v. State of Kerala (Bail Applications Nos. 10114/2023 & 10417/2023 in Crime No. 1319/2023, Mananthavady Police Station)

Case / Petition Number:BA No. 10114 & 10417 of 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Mohammed Nias C.P.
Judgment Date: 2023-12-07
Court Decision / Holding: The bail applications are allowed. Accused Nos. 3 and 4 in BA No. 10114/2023 and BA No. 10417/2023 are granted regular bail on execution of a bond of Rs. 1,00,000 with two solvent sureties of like amount, with conditions including weekly appearance, non-interference with witnesses, no new offences, consent not to leave Kerala or India without court permission, passport deposit if applicable, updated address and mobile number, and a provision for cancellation of bail for violation. The court notes that police may investigate and recover information even while on bail per Sushila Aggarwal.
Final Disposition: Bail granted with conditions.

Parties to the Case

Appellants / Petitioners

Melbin Mathew
Arun M.B.

Respondents

State of Kerala
The Station House Officer, Mananthavady Police Station
Public Prosecutor, High Court of Kerala (Ernakulam)

Legal Representation & Advocates

Counsels for Petitioners

• Shiju Varghese (Ernakulam)
• Bincy P. Paul
• K.A. Sujan
• S.R. Sreejith
• P. Sajeev (Perumpalam)
• Sunny Mathew
• Anooj J.

Counsels for Respondents

• M.C. Ashi, Public Prosecutor
• T.V. Neema, Senior Public Prosecutor

Case Synopsis & Summary

This is a High Court of Kerala bail order disposing of two bail applications (BA No. 10114/2023 and BA No. 10417/2023) arising from Crime No. 1319/2023 at Mananthavady Police Station, Wayanad. The petitioners are the third and fourth accused in the case, named Melbin Mathew and Arun M.B., who are charged under IPC Sections 143 (unlawful assembly), 306 (abetment of suicide), 341 (wrongful restraint), 323 (voluntary causing hurt), 324 (voluntary causing hurt by dangerous weapon), and 506(I) (criminal intimidation). The prosecution alleges that on 15.10.2023, the accused formed an unlawful assembly, restrained the deceased Ajmal, assaulted him, and threatened to drown him, leading to the deceased’s suicide later that night, thus abetting the suicide. The learned counsel for petitioners contends innocence, lack of credible material to prove abetment, and that the petitioners are first-time offenders with family responsibilities; they are ready to cooperate and provide sureties. The prosecution argues the investigation is at a preliminary stage with more witnesses to be examined and crucial evidence to be recovered. The judge, after considering rival submissions and the prosecution’s report, grants regular bail to the petitioners with stringent conditions (bond, sureties, periodic appearances, no intimidation, no further offences, travel restrictions, passport deposit, address/phone notifications, and potential cancellation on violation). The court also cites a Supreme Court principle enabling police recovery during bail (Sushila Aggarwal).

Provisions of Law Cited

Section 439 CrPCIPC Sections 143, 306, 341, 323, 324, 506(I)

Legal Doctrines & Maxims

Doctrine: Police power to investigate and effect recoveries even when accused are on bail (as per Sushila Aggarwal v. State (NCT of Delhi) and another, 2021 (1) KHC 663).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that they are innocent and that the allegations are baseless. They have been in custody since mid-October 2023 and had bail petitions dismissed by a Magistrate. The first petitioner is 22, breadwinner for a family; the second petitioner has an aged, bedridden father; the third man is a casual worker with dependents. They are willing to cooperate with investigation and furnish solvent sureties and comply with conditions. They argued the case was initially registered under Section 174 CrPC and later expanded due to political influence; investigation is nearly complete, and no antecedents exist. They contended no credible material shows intent to abet suicide.

Contentions of Respondents

The State, through the Public Prosecutor, argued the investigation is only at a preliminary stage; additional witnesses must be examined, and essential materials such as mobile phones, vehicles, call details, and CCTV footage are yet to be recovered or collected. There is a motive alleged related to an affair and blackmail, and the possibility of absconding or tampering with witnesses could not be ruled out.

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 supporting police power to investigate and effect recoveries while accused are on bail.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 7[TH] DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945** **BAIL APPL. NO. 10114 OF 2023** **CRIME NO.1319/2023 OF MANANTHAVADY POLICE STATION, WAYANAD** ## **PETITIONER/ACCUSED NO.3:** MELBIN MATHEW, AGED 23 YEARS S/O MATHEW, AREEPLAKKAL HOUSE, KAMBATTY P.O., VENMANI, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN - 670644 BY ADVS. SHIJU VARGHESE (ERNAKULAM) BINCY P. PAUL K.A.SUJAN S.R.SREEJITH P.SAJEEV (PERUMPALAM) ## **RESPONDENT/COMPLAINANT & STATE:** STATE OF KERALA, THE SHO, MANANTHAVADY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 SRI.M.C.ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.12.2023, ALONG WITH Bail Appl..10417/2023, THE COURT ON 07.12.2023 DELIVERED THE FOLLOWING: -2- BA No. 10114 & 10417 of 2023 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **THURSDAY, THE 7[TH] DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945 BAIL APPL. NO. 10417 OF 2023** **CRIME NO.1319/2023 OF MANANTHAVADY POLICE STATION, WAYANAD** ## **PETITIONER/4TH ACCUSED:** ARUN M.B., AGED 22 YEARS S/O. BIJU, MACHANIKKAL HOUSE, PUTHUSSERY P.O., MANANTHAVADY, WAYANAD DISTRICT,, PIN - 670645 BY ADVS. SUNNY MATHEW ANOOJ.J ## **RESPONDENT/COMPLAINANT & STATE:** 1 THE STATION HOUSE OFFICER, MANANTHAVADI POLICE STATION , KALPETTA, WAYANAD DISTRICT-, PIN - 673122 2 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN – 682031 SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.12.2023, ALONG WITH Bail Appl..10114/2023, THE COURT ON 07.12.2023 DELIVERED THE FOLLOWING: -3- BA No. 10114 & 10417 of 2023 ## **MOHAMMED NIAS C.P.J** **..................................................** **BA No. 10114 & 10417 of 2023** **...........................................** **Dated this the 7[th] day of December, 2023** ## **ORDER** The third accused in B A No.10114/2023 and the fourth accused in BA No.10417/2023 in Crime No. 1319/2023 of Mananthavady police station, Wayanad district registered alleging offences punishable under Sections 143, 306, 341, 323, 324, 506(I) of the Indian Penal Code have filed these applications u/s 439 of the Code of Criminal Procedure seeking regular bail. 2. The prosecution case is that at a time intervening between 22 hours of 15.10.2023 and 9.30 hours of 16.10.2023 at Koniyanmukku Edavaka Amsom, Sri. Ajmal, aged 24 years, the neighbour of the defacto complainant committed suicide by hanging in the bedroom of the house bearing No.IV/415 A of Edavaka Panchayath. During the investigation, it was revealed that on 15.10.2023 at 3 p.m., the accused Nos. 1 to 5 by forming themselves into an unlawful assembly, wrongfully restrained the deceased -4- BA No. 10114 & 10417 of 2023 and assaulted him with sticks and also took away his mobile phone by trespassing into the house of the accused. It is also revealed that the accused persons have threatened to cause his death by drowning him in the river. It is also revealed that after the incident the deceased committed suicide and thereby the accused abeted the commission of suicide and committed the offences as aforesaid. 3. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 4. Learned counsel for the petitioners submits that the petitioners are innocent and that the allegations raised against them are false and baseless. The petitioners are in custody from 17.10.2023 onwards. Their bail applications before the Judicial First Class Magistrate -II, Manathavady were dismissed. It is submitted that the first petitioner is a youngster, aged 22 years and he is the only breadwinner of his family. Father of petitioner No.2 is aged 81 years and bedridden. Petitioner No.3 is a Collie worker and his family consists of aged parents and a wife who depend on him for their livelihood. They are ready to cooperate with the investigation and to produce solvent sureties and are ready to abide by any conditions that may be imposed by this Court. It is submitted that at first the case was registered under Section 174 Cr. P.C. based on the information given by the neighbour of the deceased and subsequently, based on a statement given by -5- BA No. 10114 & 10417 of 2023 a friend of the deceased and on political influence the police arrayed the petitioners as accused in this case for the offences mentioned above. It is also stated that the investigation of this case is almost over and therefore, further detention of the petitioners is not required in this case. The petitioners have no criminal antecedents. 5 . The learned Prosecutor opposing the bail application by filing a report stating that the investigation of this case is only in the preliminary stage, more witnesses are to be questioned, mobile phones and the vehicles involved in the crime are not yet recovered, call details and the CCTV visuals are also to be collected. 6. Having considered the rival submissions and perusing the report filed by the Prosecutor, the motive alleged is that the deceased had an affair with the daughter of A2 and was blackmailing the said girl by sending messages threatening her that her photos and videos would be shared and also demanding her to be with him for two hours and this was informed by the girl to her father A2 and on 15.10.2023, A2 and his friends under the pretext of a discussion invited the deceased and questioned about his act and he was assaulted. It is also pointed out that they had threatened him that they would kill him by drowning him in the river. In the report,primafacie no material is there to prove any acts to show elements of any abetment to commit suicide. Though the investigation is progressing -6- BA No. 10114 & 10417 of 2023 and having regard to the fact that the petitioners were arrested on 17.10.2023, I am inclined to grant bail to the petitioners, more so when no apprehension of the petitioners absconding, if released on bail is raised. Accordingly, these bail applications are allowed with the following conditions: i) The petitioners shall be released on bail on executing a separate bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; ii) They shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months or as and when directed to appear. iii) They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial; iv) They shall not commit any offence while on bail; v) They shall not leave the State of Kerala without the permission of the Court having jurisdiction; vi) They shall not leave India without the permission of the jurisdictional Court and, if they have passports, shall deposit the -7- BA No. 10114 & 10417 of 2023 same before the Trial Court within a week. If the release of the passports is required at a later period, the petitioners shall be at liberty to move appropriate applications for the same before the Court having jurisdiction. vii) They shall furnish their present address along with their mobile number to the Court concerned as well as to the investigating officer. viii) In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law. It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in **Sushila Aggarwal and others v. State ( NCT of Delhi) and another [2021 (1) KHC 663]** . ## **Sd/-** **MOHAMMED NIAS C.P.** **JUDGE** dlk 5.12.2023 -8- BA No. 10114 & 10417 of 2023 ## **APPENDIX OF BAIL APPL. 10417/2023** PETITIONER'S ANNEXURES Annexure -A1 TRUE COPY OF THE ORDER DATED 03.11.2023 PASSED BY THE COURT OF SESSION, KALPETTA DIVISION, IN CRL. M C NO. 802/2023 -9- BA No. 10114 & 10417 of 2023 ## **APPENDIX OF BAIL APPL. 10114/2023** PETITIONER'S ANNEXURES Annexure 1 COMMON ORDER IN CRMC NO 802/2023, DISTRICT SESSIONS COURT KALPETTA