Pradeepan K. S & Saji. S. S v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 ``` ## **`BAIL APPL. NO. 115 OF 2023`** ## **`PETITIONERS/ACCUSED NOS.1 & 3:`** ``` 1PRADEEPAN K. S, AGED 59 YEARS S/O. SREEDHARAN, KARIYIL VEETTIIL, PALLIPPURAM VILLAGE, CHERTHALA TALUK, THIRUNELLOOR P.O., ALAPPUZHA DISTRICT, PIN - 688541 2SAJI. S. S, S/O. SAHADEVAN, SARASWATHI BHAVANAM, THIRUNELLOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688541 BY ADV B.PRAMOD ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ADDL.R2.GANESHAN G. S/O C.V.GOPALAKRISHNAN, RESIDING AT THAZHATHU NATTUNARAYANABHAVANAM, MUNDAPPALLY, MUNDAPPALLY P.O., KAVIYOOR VILLAGE, PATHANAMTHITTA, KERALA-691523. IS IMPLEADED AS PER ORDER DATED 19-01-2023 IN CRL.M.A. NO.1/2023. BY ADVS. PUBLIC PROSECUTOR MAYA MN K.SHAJ ``` ## **`THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION`** ``` ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.115/2023 **2** ## **P.V.KUNHIKRISHNAN, J. -------------------------------B.A.No.115 of 2023 ---------------------------------------------Dated this the 14[th] day of August, 2023** ## **ORDER** This Bail Application is filed under Section 438 of Criminal Procedure Code (Cr.P.C.) 2. Petitioners are the accused in Crime No.2554/2021 of Thiruvalla Police Station. The above case is registered against the petitioners alleging offences punishable under Section 384 read with Section 34 IPC. 3. The prosecution case is that the 1[st] petitioner had lent money to one Sajeevan whom the defacto complainant had introduced to him. But the said Sajeevan committed default in repayment of the amount. So the prosecution case is that the petitioners along with two others came to the residence of the defacto complainant and threatened him as well as his family members. The further case is that the petitioners and other two accused also obtained Rs.8 lakhs B.A.No.115/2023 **3** and the title deed of the property from the defacto complainant. The accused also made the defacto complainant to send Rs.3 lakhs to their bank accounts and the 4[th] accused took away of the mobile phone of the defacto complainant. Hence it is alleged that the accused committed the offence. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. When this bail application came up for consideration on 24.07.2023, this Court passed the following order: “It is submitted by the learned Public Prosecutor that the interrogation of the petitioner is necessary and certain articles is to be recovered. If that be the case the petitioners shall appear before the investigating officer on 01.08.2023. The investigating officer is free to direct the petitioners to appear on subsequent dates also. The petitioners shall not be arrested. The investigating officer will submit a report after interrogation.Issue a copy of this order to the Public Prosecutor, who will communicate the same to the investigating officer.” 6. Today, the Public Prosecutor submitted that the petitioners appeared before the Investigating Officer and cooperated with the investigation. The counsel for the 2[nd] B.A.No.115/2023 **4** respondent seriously opposed the bail application and submitted that the petitioners have committed serious offences and this Court may not pass any orders under Section 438 Cr.P.C. The counsel also produced written objection. 7. This Court considered the contentions of the petitioners, Public Prosecutor and the defacto complainant. It is true that the allegations against the petitioners are very serious. But, this bail application is pending before this Court from 04.01.2023 onwards. There was in interim order from this Court not to arrest the petitioners. That order is continuing even now. When this Court directed the petitioners to surrender before the Investigating Officer, they obeyed the same and co-operated with the investigation. If that be the case, custodial interrogation of the petitioners may not be necessary. There can be a direction to the petitioners to surrender before the Investigating Officer once again and execute necessary bond. There can be a further direction to the petitioners to appear before the Investigating Officer on all Mondays till final report is filed. With that condition, this bail application can be allowed. B.A.No.115/2023 **5** 8. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram P. v. Directorate of Enforcement** (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial. 9. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; 2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum B.A.No.115/2023 **6** to the satisfaction of the officer concerned; 3. Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; 4. Petitioners shall not leave India without permission of the jurisdictional Court; 5. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; 6. The petitioners shall appear before the Investigating Officer on all Mondays at 10 am, till final report is filed. 7. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel B.A.No.115/2023 **7** the bail in accordance to law, even though the bail is granted by this Court. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV B.A.No.115/2023 **8** ## **`APPENDIX OF BAIL APPL. 115/2023`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO. 2554/21 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A2TRUE COPY OF THE AGREEMENT DATED 03.03.2021 EXECUTED BY THE 1ST PETITIONER AND THE DE FACTO COMPLAINANT ```