Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 BAIL APPL. NO. 976 OF 2022 CRIME NO.35/2022 OF Erumapetty Police Station, Thrissur PETITIONER/S:
1 RAJEEV NAMBIAR,AGED 47 YEARS S/O.K.N. NARAYANAN NAMBIAR, RESIDING AT NEERMATHALAM, KOMBATHANTEVIDA HOUSE, KALLACHI P.O., KOZHIKODE, NOW RESIDING AT 245-2, FIRST CROSS, VIJINAPURA, DOORVANI NAGAR, BANGALORE,KARNATAKA KOZHIKODE, PIN - 673506 2 LATHEESHKUMAR,AGED 48 YEARS S/O. BALAKRISHNAN, KOMBATHANTEVIDA HOUSE, KALLACHI P.O., KOZHIKODE KOZHIKODE, PIN - 673506 3 MIDHUN P.,AGED 28 YEARS S/O MURALEEDHARAN, PUTHIYOTTIL HOUSE, NADAPPTAZHE P.O., VADAKARA, KOZHIKODE KOZHIKODE, PIN - 673112 BY ADVS.
R.SUDHISH M.MANJU MERIN THOMAS RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT:
SR PP SMT. NEEMA TV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2- B.A.No.976 of 2024 O R D E R The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
2. The petitioners are accused Nos.1 to 3 in Crime No.35 of 2021 of Erumapetty Police Station, Thrissur, registered against them for allegedly committing the offences punishable under Sections 406, 420 read with 34 of the Indian Penal Code.
3. When the bail application came up for consideration on 25.01.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within seven days from the date of order and subject themselves for interrogation.
-3- B.A.No.976 of 2024 4. Heard; Sri. K. Rakesh, the learned counsel appearing for the petitioners and Smt. Neema T.V., the learned Senior Public Prosecutor appearing for the respondent.
5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the above order passed by this Court, the petitioners surrendered before the Investigating Officer on 29.01.2024 and have subjected themselves to interrogation. The petitioners’ further presence is not required.
Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.
Resultantly, the bail application is disposed of by making the interim order dated 25.01.2024 absolute, subject to the following conditions:
(i) The petitioners shall co-operate with the investigation and make themselves available for
-4- B.A.No.976 of 2024 interrogation and for the purpose of investigation as and when the Investigating Officer directs;
(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;
(iii) The petitioners shall not get involved in any other offence while on bail.
(iv) The petitioners shall not leave India without the permission of the jurisdictional Court;
(v) In case of violation of any of the conditions 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.
(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.
sd/- C.S.DIAS, JUDGE das
-5- B.A.No.976 of 2024 APPENDIX OF BAIL APPL. 976/2022 PETITIONER ANNEXURES Annexure A1 COPY OF THE COMPLIANT FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT WADAKKAMCHERI DATED 25.01.2021 Annexure A2 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO: 35 OF 2021 OF ERUMAPETTY POLICE STATION THRISSURE DISTRICT Annexure A3 COPY OF THE CERTIFICATE OF INCORPORATION OF THE COMPANY DATED 25.04.2017 UNDER THE COMPANIES ACT, 2013 Annexure A4 COPY OF THE MEMORANDUM OF ASSOCIATION OF THE "UNIVERSAL HOUSEHOLD APPLIANCES PRIVATE" COMPANY Annexure A5 COPY OF THE GST REGISTRATION CERTIFICATE DATED 13.07.2017 Annexure A6 COPY OF THE ORDER IN CRIMINAL M.C. NO.
57 OF 2022 OF THE 1ST ADDITIONAL SESSIONS COURT, THRISSUR DATED 29.1.2022