Sreejith P.B v. State of Kerala & The Station House Officer, Kidangoor Police Station

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 BAIL APPL. NO. 5787 OF 2024 ``` ``` CRIME NO.171/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 05.07.2024 IN CRMP NO.2032 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ARISING OUT OF THE ORDER/JUDGMENT DATED 21.06.2024 IN CRMP NO.1790 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ## **`PETITIONER/ACCUSED 2:`** ``` SREEJITH P.B AGED 27 YEARS ``` ``` S/O BALAN PILLAI P.C., AGED 27 YEARS, PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL SREEJITH SREENATH RINCY KHADER K.V.RAJESWARI ``` ## **`RESPONDENTS/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT, PIN - 686572 ``` ``` By SR PP SMT PUSHPALATHA M K ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5792/2024, 5844/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **2** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5792 OF 2024 ``` ``` CRIME NO.185/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 05.07.2024 IN CRMP NO.2033 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ARISING OUT OF THE ORDER/JUDGMENT DATED 21.06.2024 IN CRMP NO.1791 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ## **`PETITIONER/ACCUSED:`** ``` SREEJITH P.B. AGED 27 YEARS S/O BALAN PILLAI P.C., PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL RINCY KHADER SREEJITH SREENATH K.V.RAJESWARI ``` ## **`RESPONDENTS /STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT, PIN - 686572 ``` ## **`SR PP SMT SEETHA S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **3** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5844 OF 2024 ``` ``` CRIME NO.187/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 21.06.2024 IN CRMP NO.1792 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ARISING OUT OF THE ORDER/JUDGMENT DATED 05.07.2024 IN CRMP NO.2034 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ## **`PETITIONER/ACCUSED:`** ``` SREEJITH P.B AGED 27 YEARS S/O BALAN PILLAI P.C., PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM,, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL SREEJITH SREENATH RINCY KHADER K.V.RAJESWARI ``` ## **`RESPONDENTS /STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT, PIN - 686572 ``` ``` BY SR PP SEETHA. S ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **4** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5846 OF 2024 ``` ``` CRIME NO.190/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 05.07.2024 IN CRMP NO.2035 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ``` PETITIONER/ACCUSED: ``` ``` SREEJITH P.B AGED 27 YEARS S/O BALAN PILLAI P.C., AGED 27 YEARS, PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM,, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL SREEJITH SREENATH RINCY KHADER K.V.RAJESWARI ``` ## **`RESPONDENTS/STATE:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT, PIN - 686572`** ## **`BY SR PP SMT PUSHPALATHA M K`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **5** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5848 OF 2024 ``` ``` CRIME NO.191/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 04.07.2024 IN CRMP NO.2036 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ``` PETITIONER/ACCUSED: ``` ``` SREEJITH P.B, AGED 27 YEARS S/O BALAN PILLAI P.C.,PAYYANANIYIL HOUSE, KOOVAPALLY P.O.,KANJIRAPALLY, KOTTAYAM,, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL SREEJITH SREENATH RINCY KHADER K.V.RAJESWARI ``` ## **`RESPONDENTS /STATE:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2THE STATION HOUSE OFFICER, KIDANGOOR POLICE STATION, KIDANGOOR P.O.,KOTTAYAM DISTRICT,, PIN - 686572 ``` ``` BY SR PP C.S. HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **6** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5850 OF 2024 ``` ``` CRIME NO.240/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 05.07.2024 IN CRMP NO.2037 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ``` PETITIONER/ACCUSED: ``` ``` SREEJITH P.B AGED 27 YEARS S/O BALAN PILLAI P.C., PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM,, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL K.V.RAJESWARI RINCY KHADER SREEJITH SREENATH ``` ## **`RESPONDENTS /STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT,, PIN - 686572 ``` ## **`BY SR. PP C.S. HRITHWIK`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **7** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5862 OF 2024 ``` ``` CRIME NO.293/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 05.07.2024 IN CRMP NO.2038 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ``` PETITIONER/ACCUSED: ``` ``` SREEJITH P.B AGED 27 YEARS S/O BALAN PILLAI P.C., PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM,, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL K.V.RAJESWARI RINCY KHADER SREEJITH SREENATH ``` ## **`RESPONDENTS /STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT,, PIN - 686572 ``` ``` BY SR PP. SMT SEETHA, S ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **8** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5867 OF 2024 ``` ``` CRIME NO.354/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 05.07.2024 IN CRMP NO.2058 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ``` PETITIONER/ACCUSED: ``` ``` SREEJITH P.B AGED 27 YEARS S/O BALAN PILLAI P.C., PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM,, PIN - 686518 ``` ``` BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL K.V.RAJESWARI RINCY KHADER SREEJITH SREENATH ``` ## **`RESPONDENTS /STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT, PIN - 686572 ``` ``` BY SR PP SMT PUSHPALATHA M K ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **9** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 8[TH] DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 ``` ``` BAIL APPL. NO. 5872 OF 2024 ``` ``` CRIME NO.392/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER DATED 05.07.2024 IN CRMP NO.2059 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ARISING OUT OF THE ORDER/JUDGMENT DATED 21.06.2024 IN CRMP NO.1816 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ``` ## **`PETITIONER/ACCUSED:`** ``` SREEJITH P.B AGED 27 YEARS S/O BALAN PILLAI P.C., PAYYANANIYIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM,, PIN - 686518 BY ADVS. BINOY VASUDEVAN SAJEEV KUMAR K.GOPAL K.V.RAJESWARI RINCY KHADER SREEJITH SREENATH ``` ## **`RESPONDENTS /STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER KIDANGOOR POLICE STATION, KIDANGOOR P.O., KOTTAYAM DISTRICT,, PIN - 678572 ``` ``` BY SR PP SMT. SEETHA. S. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, ALONG WITH BAIL APPL..5787/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` 2024:KER:60162 ``` **10** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **Dated this the 8[th] day of August, 2024** ## **O R D E R** The applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the very same accused person in nine crimes to get himself enlarged on bail. B.A.No.5844/2024 is filed in Crime No.187/2024, B.A.No.5846/2024 is filed in Crime No.190/2024, B.A.No.5848/2024 is filed in Crime No.191/2024, B.A.No.5850/2024 is filed in Crime No.240/2024, B.A.No.5862/2024 is filed in Crime No.293/2024, B.A.No.5867/2024 is filed in Crime No.354/2024, B.A.No.5872/2024 is filed in Crime No.392/2024, B.A.No.5787/2024 is filed in Crime No.171/2024, and B.A.No.5792/2024 is filed in Crime No.185/2024, all registered by the Kidangoor Police Station, Kottayam, against the accused for allegedly ``` 2024:KER:60162 ``` **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **11** committing the offences punishable under Sections 405, 409, 415, 420, 421 and 463 r/w Section 34 of the Indian Penal Code. As the petitioner is the same in all the above crimes and the crimes arise out of similar transactions, the applications are consolidated, jointly heard, and are being disposed of by this common order. The petitioner was arrested and remanded to judicial custody on 16.05.2024. Subsequently, his arrest was recorded in the other crimes. 2. The gist of the prosecution case in all the crimes is that: the accused, in furtherance of their common intention, had obtained the account details, copies of the Pan Cards and Aadhaar Cards of the defacto complainants, on the assurance of getting them home appliances on loans from Bajaj Finance, and they, thereafter, by using the said documents, the first accused, who is the owner of ‘RB Home Gallery’ Kidangoor, with the assistance of the second accused, ``` 2024:KER:60162 ``` **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **12** who is the staff of Bajaj Finance, availed loans from the in the names of the defacto finance company complainants, but diverted the loan amount to the first accused. The first accused paid commission to the second accused. But, the accused did not give the home appliances to the defacto complainants. In crime No.187/2024 an amount of Rs.2,68,000/- was obtained, in crime No.191/2024 an amount of Rs.2,25,000/- was obtained, in crime No.190/2024 an amount of Rs.2,25,000/- was obtained, in crime No.240/2024 an amount of Rs.1,80,000/- was obtained, in crime No.293/2024 an amount of Rs.1,58,000/- was obtained, in crime No.354/2024 an amount of Rs.2,74,000/- was obtained, in crime No.392/2024 an amount of Rs.1,90,000/- was obtained, in crime No.171/2024 an amount of Rs.1,80,000/- was obtained, and in crime No.185/2024 an amount of Rs.1,90,000/- was obtained from the finance company. Thus, the accused have ``` 2024:KER:60162 ``` **13** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** committed the above offences. 3. Heard; Sri.Binoy Vasudevan, the learned counsel appearing for the petitioner and Sri. C S Hrithwik, Smt. Seetha. S and Smt. Pushpalatha M K, the learned Senior Public Prosecutors. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate that the petitioner has received the proceeds of the crime. The petitioner only acted on the instructions of the first accused, who was running the establishment. The petitioner secured the loan from the finance company and transferred it to the accounts of the first accused, who has misappropriated the money. The petitioner has no complicity in the crime. In any given case, the petitioner has been in judicial custody since 16.05.2024, which is 84 days, the petitioner has been enlarged on bail in one of the crimes by the Jurisdictional ``` 2024:KER:60162 ``` **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **14** Court, the investigation in the case is practically complete, and recovery has been effected. The petitioner does not have any other criminal antecedents other than these cases, which arise from the same transactions. Hence, these applications may be allowed. 5. The learned Public Prosecutors opposed the application. They submitted that the investigation in the case is in progress. They also submitted that there are incriminating materials to substantiate that the petitioner has received the proceeds of the crime in each of the cases from the first accused. If the petitioner is released on bail, there is a likelihood of him intimidating the witnesses and tampering with the evidence. The petitioner may also commit a similar offence. Hence, these applications may be dismissed. 6. The common case of the prosecution against the petitioner is that he and the first accused, in furtherance of their common intention, had received the **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** ## **15** documents from the defacto complainants on the assurance of purchasing them home appliances on loan from the finance company, but diverted the loan amount to the account of the first accused, without giving the house appliances to the defacto complainants. The prosecution alleges that the petitioner has received a share in each of the crimes. The fact remains that the petitioner has been in judicial custody for the last 84 days, the investigation in the case is practically complete, and recovery has been effected. Other than these cases, I do not find that the petitioner has any criminal antecedents. 7. In **Sanjay Chandra v. CBI,** [2012 1 SCC 40], the Honourable Supreme Court has categorically held that the fundamental postulate of criminal jurisprudence is the presumption of innocence, until a person is found guilty. Any imprisonment prior to conviction is to be considered as punitive and it would be improper on the **16** **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** part of the Court to refuse bail solely on the ground of former conduct. 8. In **Dataram Singh v. State of U.P** ., [(2018) 3 SCC 22] the Honourable Supreme Court observed that grant of bail is the rule and putting a person in jail is an exception. Even though the grant of bail is entirely the discretion of the court, it has to be evaluated based on the facts and circumstances of each case and the discretion has to be exercised in a judicious and compassionate manner. 9. In **State of Kerala v. Raneef** , [(2011) 1 SCC 784], the Honourable Supreme Court has declared that undertrial prisoners detained in jail for indefinite periods, without any sufficient reason or due to the delay in concluding the trial, will tantamount to infringement of their right to life guaranteed under Article 21 of the Constitution. 10. The principle that bail is the rule and jail is **17** **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** an exception is on the touch stone of Article 21 of the Constitution of India. The right to bail cannot be denied merely due to the sentiments of the society. 11. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly taking into consideration the fact that the petitioner has been in judicial custody for the last 84 days, the investigation in the case is practically complete, recovery has been effected, and further that the petitioner has already been enlarged on statutory bail in one of the crimes arising from the same transactions, I am of the firm view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail applications, but subject to stringent conditions. In the result, the applications are allowed, by directing the petitioner to be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh ``` 2024:KER:60162 ``` **18** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** only) with two solvent sureties each for the like sum, in each crime, 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 alternative Saturday between 9 a.m. and 11 a.m till the final report is laid. He shall also appear before the Investigating Officer on every third Saturday till the conclusion of the trial in all the above crimes; (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 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 ``` 2024:KER:60162 ``` **19** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** 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) The petitioner shall not leave the territorial jurisdiction of the Court of Session, Kottayam, without the previous permission of the Jurisdictional Court; (vi) 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. (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (viii) 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 **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** **20** laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].** **Sd/-** mtk/08.08.24 **C.S.DIAS, JUDGE** ``` 2024:KER:60162 ``` **21** **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ``` APPENDIX OF BAIL APPL. 5792/2024 ``` ## **`PETITIONER ANNEXURES`** ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.185 OF 2024 OF KIDANGOOR POLICE ANNEXURE 2TRUE COPY OF THE ORDER DATED 21-06-2024 IN CRL.M.P.NO.1791 OF 2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ANNEXURE 3TRUE COPY OF THE ORDER DATED 05-07-2024 IN CRL.M.P.NO.2033/24 ``` ``` 2024:KER:60162 ``` **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** **22** ``` APPENDIX OF BAIL APPL. 5844/2024 ``` ``` PETITIONER ANNEXURES ``` ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.187 OF 2024 OF KIDANGOOR POLICE ANNEXURE 2TRUE COPY OF THE ORDER DATED 21-06-2024 IN CRL.M.P.NO.1792 OF 2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ANNEXURE 3TRUE COPY OF THE ORDER DATED 05-07-2024 IN CRL.M.P.NO.2034/24 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ``` **23** **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** ``` APPENDIX OF BAIL APPL. 5846/2024 ``` ``` PETITIONER ANNEXURES ``` ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.190 OF 2024 OF KIDANGOOR POLICE ``` ``` ANNEXURE 2TRUE COPY OF THE ORDER IN CRL.M.P.NO.2035/2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ``` **24** **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** ``` APPENDIX OF BAIL APPL. 5848/2024 ``` ``` PETITIONER ANNEXURES ``` ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.191 OF 2024 OF KIDANGOOR POLICE ``` ``` ANNEXURE 2TRUE COPY OF THE ORDER IN CRL.M.P.NO.2036/2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ``` **25** **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** ``` APPENDIX OF BAIL APPL. 5850/2024 ``` ``` PETITIONER ANNEXURES ``` ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.240 OF 2024 OF KIDANGOOR POLICE ``` ``` ANNEXURE 2TRUE COPY OF THE ORDER IN CRL.M.P.NO.2037/2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ``` **26** **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** ``` APPENDIX OF BAIL APPL. 5862/2024 ``` ``` PETITIONER ANNEXURES ``` ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.293 OF 2024 OF KIDANGOOR POLICE ``` ``` ANNEXURE 2TRUE COPY OF THE ORDER IN CRL.M.P.NO.2038/2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ``` **27** **==> picture [58 x 57] intentionally omitted <==** ``` 2024:KER:60162 ``` ## **B.A. Nos.5787 of 2024 & Connected cases** ``` APPENDIX OF BAIL APPL. 5867/2024 ``` ``` PETITIONER ANNEXURES ``` ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.354 OF 2024 OF KIDANGOOR POLICE ``` ``` ANNEXURE 2TRUE COPY OF THE ORDER IN CRL.M.P.NO.2058/2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ``` ``` 2024:KER:60162 ``` **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **28** ``` APPENDIX OF BAIL APPL. 5872/2024 ``` ## **`PETITIONER ANNEXURES`** ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.392 OF 2024 OF KIDANGOOR POLICE ANNEXURE 2TRUE COPY OF THE ORDER DATED 21-06-2024 IN CRL.M.P.NO.1816 OF 2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ANNEXURE 3TRUE COPY OF THE ORDER DATED 03-07-2024 IN CRL.M.P.NO.2059/24 OF 2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ``` ``` 2024:KER:60162 ``` **==> picture [58 x 57] intentionally omitted <==** ## **B.A. Nos.5787 of 2024 & Connected cases** ## **29** ``` APPENDIX OF BAIL APPL. 5787/2024 ``` ## **`PETITIONER ANNEXURES`** ``` ANNEXURE 1TRUE COPY OF THE F.I.R. IN CRIME NO.171 OF 2024 OF KIDANGOOR POLICE STATION ANNEXURE 2TRUE COPY OF THE ORDER DATED 21-06-2024 IN CRL.M.P.NO.1790 OF 2024 ON THE FILE OF THE SESSIONS COURT, KOTTAYAM ANNEXURE 3TRUE COPY OF THE ORDER DATED 05-07-2024 IN CRL.M.P.NO.2032/24 ```