Midhun Mohanan v. State of Kerala & The Station House Officer, Thrissur East Police Station

B.A.No.545 of 2024 1 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 29[TH] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 ``` ``` BAIL APPL. NO. 545 OF 2024 ``` ``` CRIME NO.2390/2023 OF TOWN EAST POLICE STATION, THRISSUR ``` ## `PETITIONER/5TH ACCUSED:` ``` MIDHUN MOHANAN AGED 35 YEARS S/O MOHANAN, MANAPPATTUPARAMBIL HOUSE, C MADHAVAN ROAD, MANNAM P.O, PARAVOOR, ERNAKULAM DISTRICT, PIN - 683520 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL M.MAHIN HAMZA R.GAYATHRI ALWIN JOSEPH ``` ## `RESPONDENTS/STATE & COMPLAINANT:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2THE STATION HOUSE OFFICER THRISSUR EAST POLICE STATION, THRISSUR DISTRICT, PIN - 680001 BY SR PP SMT NEEMA T V ``` 2 ## B.A.No.545 of 2024 ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.545 of 2024 3 **Dated this the 29[th] day of January, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 5[th] accused in Crime No.2390/2023 of Town East Police Station, Thrissur, registered against the accused (four in number) for allegedly committing the offences punishable under Sections 341, 363 and 394 read with Section 34 of the Indian Penal Code, 1860. The petitioner was arrested on 29.11.2023. 2. The prosecution case, in brief, is that: on 17.11.2023, at 19.08 hours, while the de facto complainant was walking through the Thrissur Railway station road, the accused Nos.1 to 4 forcibly entered into his car, assaulted him and robbed 244 grams of gold B.A.No.545 of 2024 4 worth Rs.10 lakh and a mobile phone worth Rs.9,700/-. Thus, they have committed the above offences. 3. Heard; Sri.P. Mohamed Sabah, the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above case. The petitioner has been in judicial custody since 29.11.2023, which is nearly 60 days. The investigation in the case, so far as the petitioner's concerned, is complete. The recovery has been effected. The petitioner’s continued detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She contended that the accused 4 and 6 are B.A.No.545 of 2024 5 yet to be arrested and the recovery is to be effected from them. Nonetheless, she conceded to the fact that the petitioner has no criminal antecedents and that the investigation in the case, so far as the petitioner’s is concerned, is practically complete and the recovery has been effected. 6. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that the petitioner has been in custody since 29.11.2023, that the investigation in the case is practically complete, that the petitioner has no criminal antecedents, that the accused 1 and 2 have already been arrested, and that the recovery has been effected, I am of the definite view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application. B.A.No.545 of 2024 6 In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any B.A.No.545 of 2024 7 Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) 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. B.A.No.545 of 2024 8 (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (vii) 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 Delhi) and another [2020 (1) KHC 663].** Sd/- **C.S.DIAS, JUDGE** mtk/29.01.24 9 ## B.A.No.545 of 2024 ## `APPENDIX OF BAIL APPL. 545/2024` ``` PETITIONER ANNEXURES Annexure 1TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 2390 OF 2023 OF THRISSUR EAST POLICE STATION, ERNAKULAM DISTRICT ```