High Court of KeralaSingle Judge2024-06-05Bail granted to the petitioners in all connecte...

SAJEER @ THONNATHI v. STATE OF KERALA; SAMEER BABU v. STATE OF KERALA

Case / Petition Number:BA Nos.2603/2024; 2613/2024; 3522/2024; 3525/2024

Neutral Citation:(null)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Mohammed Nias C.P.
Judgment Date: 2024-06-05
Court Decision / Holding: The Court allowed the bail applications. The petitioners are to be released on bail on bonds of Rs.50,000 each with two solvent sureties of like amount, subject to conditions: (i) appearance before the IO every Saturday (9:00–11:00 am) and as required; (ii) no inducement, threat, or tampering with witnesses; (iii) no commission of any offence while on bail; (iv) not to leave the territorial jurisdiction without permission; (v) surrender of passports; (vi) to furnish present address and mobile number; (vii) court may cancel bail for violations; (viii) applications to modify bail conditions may be entertained; and (ix) COI may proceed with investigations and recoveries on the basis of information supplied. The order cites Sushila Aggarwal and endorses the principle allowing continued investigation while on bail.
Final Disposition: Bail granted to the petitioners in all connected bail applications (2603/2024, 2613/2024, 3522/2024, 3525/2024) with standard bail conditions including bond, sureties, weekly IO appearance, travel restrictions, passport surrender, and address/mobile details; bail may be canceled for violations; investigation to continue as necessary under the Court’s oversight.

Parties to the Case

Appellants / Petitioners

SAJEER @ THONNATHI
SAMEER BABU

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala
SMT. NIMA JACOB, PP

Legal Representation & Advocates

Counsels for Petitioners

• S. Rajeev
• Vinay M.S.
• Aneer Prerith Philip Joseph
• Anil Kumar C.R.
• K.S. Kiran Krishnan
• Nourin S. Fathima

Counsels for Respondents

• SMT. NIMA JACOB, PP

Case Synopsis & Summary

These are consolidated regular bail applications under Section 439 CrPC filed by accused No.2 (Sajeer @ Thonnathi) and accused No.3 (Sameer Babu) in Crime No.476/2023 of Kareelakulangara PS, and by the accused in Crime No.886/2023 of Kayamkulam PS, Alappuzha (BA Nos.2603/2024, 2613/2024, 3522/2024, 3525/2024). The prosecution alleges offences including unlawful assembly, hurt, attempt to commit theft/robbery, and related offences under IPC sections 341, 323, 324, 392, 394, 395 and 201 with 34 IPC in one criminal transaction; and offences under Sections 506, 323, 324, 294(b), 384, 365, 368 and 394 in another. The petitioners contend that though the investigation is ongoing, they have already been in custody for a long period; the chargesheet has been filed; recoveries have been made; and there is no immediate risk of witness tampering or interference to the proceeding. They seek bail with appropriate conditions. The State counters that the offences are serious, with antecedents, and that detention may be necessary to ensure a fair investigation. The High Court, after considering detention length, progress of investigation, and the likelihood of tampering, grants bail with conditions including bond, two sureties, regular appearance, travel restrictions, surrender of passports (if any), provision of address and contact details, and power to cancel bail on violation, citing precedent on bail conditions (Sushila Aggarwal).

Provisions of Law Cited

Code of Criminal Procedure, Section 439Indian Penal Code: 341, 323, 324, 392, 394, 395, 201 (read with 34)Indian Penal Code: 506, 323, 324, 294(b), 384, 365, 368, 394 (read with 34)

Legal Doctrines & Maxims

Sushila Aggarwal v. State (NCT of Delhi) and another — 2020 (1) KHC 663 (cited with approval for bail conditions and continuation of investigation while on bail)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that after long detention and with the chargesheet already filed and recoveries effected, there is no justification for further detention. They emphasize the progress of the investigation, absence of a likelihood of witness tampering, and their willingness to comply with stringent bail conditions. They urge the court to exercise its discretion in favor of bail to avoid unnecessary deprivation of liberty, subject to conditions such as weekly IO appearances, restrictions on travel, no weapons, surrender of passports, and cooperation with ongoing investigations. They rely on established bail norms that detention should not be indefinite where charges are framed or the investigation has progressed substantially.

Contentions of Respondents

The State argues that the offences are grave and involve violence, robbery, extortion, and potential for witness intimidation. It highlights the accuseds’ antecedents and the risk of subverting the investigation or committing further offences if released. Given the seriousness of the allegations and the stage of the case, the State contends that continued detention or more stringent conditions are warranted to ensure fair investigation, complementing the existing bail framework with supervision measures.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited with approval to justify continuing investigation and enforcing bail conditions as per Supreme Court precedent.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against SAJEER @ THONNATHI v. STATE OF KERALA; SAMEER BABU v. STATE OF KERALA and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 5[TH] DAY OF JUNE 2024 / 15TH JYAISHTA, 1946 BAIL APPL. NO. 2603 OF 2024** **CRIME NO.476/2023 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA** ## **PETITIONER/ACCUSED NO.2:** **SAJEER @ THONNATHI, AGED 34 YEARS S/O POOKUNJU,KUNNATHU HOUSE, PULLIKKANAKKU MURI,KRISHNAPURAM VILLAGE, ALAPPUZHA DISTRICT, PIN - 690503** **BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R. K.S.KIRAN KRISHNAN NOURIN S. FATHIMA** ## **RESPONDENT/COMPLAINANT & STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** **SMT.NIMA JACOB, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.06.2024, ALONG WITH Bail Appl..2613/2024, 3522/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -2- BA Nos.2603/2024 & con.cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **WEDNESDAY, THE 5[TH] DAY OF JUNE 2024 / 15TH JYAISHTA, 1946 BAIL APPL. NO. 2613 OF 2024** **CRIME NO.886/2023 OF KAYAMKULAM POLICE STATION, ALAPPUZHA** ## **PETITIONER/ACCUSED:** **SAJEER @ THONNATHI, AGED 34 YEARS S/O POOKUNJU,KUNNATHU HOUSE, PULLIKKANAKKU MURI, KRISHNAPURAM VILLAGE, ALAPPUZHA DISTRICT, PIN - 690503** **BY ADVS. S.RAJEEV V.VINAY M.S.ANEER ANILKUMAR C.R. K.S.KIRAN KRISHNAN NOURIN S. FATHIMA** ## **RESPONDENT/COMPLAINANT & STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** **SMT.NIMA JACOB, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.06.2024, ALONG WITH Bail Appl..2603/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- BA Nos.2603/2024 & con.cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **WEDNESDAY, THE 5[TH] DAY OF JUNE 2024 / 15TH JYAISHTA, 1946** **BAIL APPL. NO. 3522 OF 2024** **CRIME NO.886/2023 OF KAYAMKULAM POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED NO.3:** **SAMEER BABU, AGED 35 YEARS S/O BABU, PULIVELIL HOUSE, KANNAMPALLY BHAGOM, KAYAMKULAM P.O, ALAPPUZHA, PIN - 690508** **BY ADV M.R.SASITH** ## **RESPONDENT/COMPLAINANT & STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** **SMT.NIMA JACOB, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.06.2024, ALONG WITH Bail Appl..2603/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -4- BA Nos.2603/2024 & con.cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **WEDNESDAY, THE 5[TH] DAY OF JUNE 2024 / 15TH JYAISHTA, 1946** **BAIL APPL. NO. 3525 OF 2024** **CRIME NO.476/2023 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED NO.3:** **SAMEER BABU, AGED 35 YEARS PULIVELIL HOUSE,KANNAMPALLY BHAGOM, KAYAMKULAM P.O, ALAPPUZHA, PIN - 690508** **BY ADV M.R.SASITH** ## **RESPONDENT/COMPLAINANT & STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031** **SMT.NIMA JACOB, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.06.2024, ALONG WITH Bail Appl..2603/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -5- BA Nos.2603/2024 & con.cases ## **MOHAMMED NIAS C.P., J.** ## **-----------------------------------------------** ## **BA Nos.2603, 2613, 3522 & 3525 of 2024** ## **---------------------------------------------** **Dated this the 5[th] day of June, 2024** ## **O R D E R** These are the second applications for regular bail filed under Section 439 of the Code of Criminal Procedure. 2. BA No.2603/2024 is filed by the second accused, whereas, BA No.3525/2024 is filed by the third accused in Crime No.476/2023 of Kareelakulangara Police Station, Alappuzha. BA No.2613/2024 is filed by the fourth accused, whereas BA No.3522/2024 is filed by the third accused in Crime No. 886/2023 of Kayamkulam Police Station, Alappuzha District. 3. The prosecution allegation in Crime No.476/2023 in BA Nos.2603/2024 & 3525/2024 is as follows: The prosecution case is that on 24.08.2023, at 6.40 a.m., on the road viz., Chaprayi - Vayanasala road, near Chaprayil junction in Ward No.14 of Pathiyoor Panchayath, Eruva East Muri, Pathiyoor Vilalge, the accused persons along with another one came in two cars, formed themselves into -6- ## BA Nos.2603/2024 & con.cases an unlawful assembly and attacked CWs 1 and 2 who were on a motorcycle bearing Reg No.KL 29 B 5394 and with the sickle in the hands of the first accused, he caused injuries to CW1 and they have committed robbery and decoity of the motorcycle and have concealed the same or destroyed the same by dismantling it. Thus, the accused faces allegations of offences punishable under Sections 341, 323, 324, 392, 394, 395 and 201 read with Section 34 of IPC. Petitioners 1,2,4 and 5 were arrested on 05.09.2023, and the third petitioner was arrested on 12.09.2023 and since then, they have been in judicial custody. 4. The prosecution allegation in BA Nos.3522/2024 & 2613/2024 in Crime No.886/2023 is as follows:- The prosecution case is that the accused persons, in furtherance of their common intention, on 24.8.2023 at 4.30 a.m., kidnapped the informant and his employee Mr Ameen. They assaulted the informant and Ameen in a moving car and extorted money from the informant. Thus the accused persons committed the offences under Sections 506, 323, 324, 294(b), 384, 365, 368 and 394 of IPC. 5. It is submitted that the accused in BA Nos.2613/2024 and 3522/2024 were arrested on 4.9.2023 and that the chargesheet has already been filed. 6. Though several antecedents are reported against the petitioner, taking note of the length of the detention, the fact that the chargesheet has -7- BA Nos.2603/2024 & con.cases already been filed, and recoveries have been effected, I am of the opinion that further detention is not necessary. In the result, the applications are allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum, to the satisfaction of the courts having jurisdiction, in both crimes, which shall be subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer every Saturday between 9 a.m. and 11 a.m. till the conclusion of the proceedings in both cases. They shall also appear before the Investigating Officer as and when required; (ii) The petitioners 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 Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall not leave the territorial jurisdiction of the Court of Session, Alappuzha, till the conclusion of proceedings in both cases without the previous permission of the Jurisdictional Courts. (v) The petitioners shall surrender their passports, if any, before the first court that they execute the bond. If they have no passport, they shall file an affidavit to the effect before the court below on the date of execution of the bond; -8- BA Nos.2603/2024 & con.cases (vi) The petitioners shall furnish their present address and their mobile phone number and the place where they propose to stay till the final report is laid; (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 be moved and entertained by 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 Delhi) and another** [2020 (1) KHC 663]. ## **Sd/-** ## **MOHAMMED NIAS C.P.** **JUDGE** dlk/05.06.2024 -9- BA Nos.2603/2024 & con.cases ## **APPENDIX OF BAIL APPL. 2613/2024** ## **PETITIONER'S ANNEXURES** **ANNEXURE-I A COPY OF THE ORDER IN BA NO.9892/2023 DATED 17.11.2023** **ANNEXURE-II A COPY OF THE ORDER IN BA 72/2024 DISMISSED AS WITHDRAWN BY THIS HON'BLE COURT ON 0902-2024** -10- BA Nos.2603/2024 & con.cases ## **APPENDIX OF BAIL APPL. 3522/2024** ## **PETITIONER'S ANNEXURES** |**ANNEXURE A1**|**TRUE COPY OF THE FIR 886/2023 OF KAYAMKULAM**| |---|---| ||**POLICE STATION, ALAPPUZHA**| |**ANNEXURE A2**|**TRUE COPY OF THE COMMON ORDER IN BA NO.**| ||**51 /2024 BEFORE HON'BLE HIGH COURT OF**| ||**KERALA, DATED 09.02.2024**| |**ANNEXURE A3**|**TRUE COPY OF THE COMMON ORDER IN BA NO.1818**| ||**/2024 DATED 26/3/2023 BEFORE HON'BLE HIGH**| ||**COURT OF KERALA**| |**ANNEXURE A4**|**TRUE COPY OF ORDER IN BA NO 1498/2024 OF**| ||**HIGH COURT OF KERALA**| -11- BA Nos.2603/2024 & con.cases ## **APPENDIX OF BAIL APPL. 3525/2024** ## **PETITIONER'S ANNEXURES** **ANNEXURE A1 TRUE COPY OF THE FIR NO 476/2023 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA ANNEXURE 2 TRUE COPY OF THE COMMON ORDER IN BA NO. 72/2024 BEFORE HON'BLE HIGH COURT OF KERALA. ANNEXURE A3 TRUE COPY OF THE COMMON ORDER IN BA NO.9897/ 2023 BEFORE HON'BLE HIGH COURT OF KERALA. ANNEXURE A4 TRUE COPY OF THE COMMON ORDER IN BA NO.1819/2024 BEFORE HON'BLE HIGH COURT OF KERALA. ANNEXURE A5 TRUE COPY OF ORDER IN BA NO 1521/2024 OF HIGH COURT OF KERALA** -12- BA Nos.2603/2024 & con.cases ## **APPENDIX OF BAIL APPL. 2603/2024** ## **PETITIONER'S ANNEXURES** **ANNEXURE-I A COPY OF THE ORDER DATED 17-11-2023 IN BA NO.9897/2023 ON FILES OF HIGH COURT OF KERALA** **ANNEXURE-II A COPY OF THE ORDER DATED 15-12-2023 IN CRL.M.P.NO.1478/2023 IN SC NO.1183/2023 DISPOSED BY ADDL.SESSIONS JUDGE-I, MAVELIKKARA, ALAPPUZHA DISTRICT** **ANNEXURE-III COPY OF ORDER DATED 09-02-2024 IN BAIL APPL.70/2024 ON FILES OF HIGH COURT OF KERALA**