Allowed

Manikumar v. State of Kerala

Kerala HC9 Nov 2022Bail Appl./1617/2022

Case brief

AI extract

What is this about?

The Court allowed a petition for anticipatory bail filed by three accused individuals charged with theft and mischief. The grant is conditional on limited custody for interrogation, appearance before the Investigating Officer, cooperation with the investigation, abstaining from intimidating witnesses, and refraining from similar offenses.

What did the court decide?

Bail allowed subject to appearance for interrogation, execution of bond if arrested, cooperation with investigation, and adherence to conditions against intimidation and similar offenses.

Manikumar Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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WEDNESDAY, THE 9^TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944

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BAIL APPL. NO. 1617 OF 2022

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Crime No.155 of 2022 of Pavaratty Police Station, Thrissur

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PETITIONERS/ACCUSED 1 TO 3:

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1 MANIKUMAR AGED 50 YEARS SON OF CHANDRAN, CHENJERI HOUSE, ELAVALLY P.O., ELAVALLY NORTH, CHAVAKKAD TALUK, THRISSUR, PIN - 680511 2 MANOJ AGED 47 YEARS SON OF SHEKARAN PANDIYATH HOUSE, ELAVALLY P.O., CHAVAKKED TALUK, THRISSUR, PIN - 680511 3 SREENIVASAN AGED 61 YEARS SON OF GOVINDAN, PARANGINATTU HOUSE, ELAVALLY P.O., CHAVAKKED TALUK, THRISSUR, PIN - 680511 BY ADV V.S.THOSHIN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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0 PP SMT.M.K PUSHPALATHA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1617 OF 2022

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BECHU KURIAN THOMAS, J.

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B.A.NO. 1617 of 2022

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Dated this the 9^th day of November, 2022

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ORDER

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This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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Petitioners are accused Nos. 1 to 3 in Crime No.155 of 2022 of Pavaratty Police Station, Thrissur District, alleging offences under Sections 379, 447, 427, 188 r/w Section 34 of the Indian Penal Code, 1860.

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The prosecution case is that on 07-02-2022, the accused trespassed into the defacto complainant's property and after damaging the side of the concrete wall and fruit trees, stole soil using a JCB and thus caused a loss of Rs.1,00,000/- and thereby committed the offences alleged.

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4.Sri.Thoshin, the learned counsel for the petitioner contended that the prosecution allegations are false and that incident as alleged had not occurred. It was further submitted that all along there was an interim order from 21-03-2022 onwards and that petitioners are willing to cooperate with the investigation and any condition can be imposed upon them.

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BAIL APPL. NO. 1617 OF 2022

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Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of anticipatory bail and contended that the allegations are serious and that custodial interrogation of the petitioners are essential.

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I have perused the documents produced and have considered the rival contentions.

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Having regard to the nature of the allegations, I am of the view that custodial interrogation is not essential, however, limited custody would be required for the purpose of the investigation.

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Accordingly, this application is allowed on the following conditions:

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(i) Petitioners shall appear before the Investigating Officer on 16-11-2022 and shall subject themselves to interrogation.

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(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

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(iii) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

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BAIL APPL. NO. 1617 OF 2022

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(iv) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the victim or her family members;

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(v) Petitioners shall not commit any similar offences while they are on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

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BECHU KURIAN THOMAS JUDGE

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AJM/9/11/22

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BAIL APPL. NO. 1617 OF 2022

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APPENDIX OF BAIL APPL. 1617/2022

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PETITIONER ANNEXURES

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Annexure1	THE TRUE COPY OF THE FIR IN CRIME NO. 0155/2022 OF PAVARATTY POLICE STATION, THRISSUR DISTRICT
Annexure2	THE TRUE COPY OF THE COMPLAINT BEFORE THE ASSISTANT COMMISSIONER OF POLICE, GURUVAYOOR ALONG WITH RECEIPT DATED 5/3/2021
Annexure3	THE TRUE COPY OF THE COMPLAINT ALONG WITH THE RECEIPT OF THE PAVARATTY POLICE STATION DATED 15/9/2021
Annexure4	THE TRUE COPY OF THE COMMUNICATION OF TAHISLDAR, TALUK OFFICE CHAVAKKAD TO VILLAGE OFFICER, ELAVALLY DATED 23/10/2021
Annexure5	THE TRUE COPY OF THE TAX RECEIPT REMITTED BY THE FATHER OF THE 2ND PETITIONER DATED 2/11/2021
Annexure6	THE TRUE COPY OF THE INJUNCTION ORDER IN I.A. NO.2/2022IN O.S. NO.14/2022 DATED 5/1/2022 OF MUNSIFF'S COURT CHAVAKKAD
Annexure7	THE TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.1143/2022 OF THIS HON'BLE COURT DATED 13/1/2022
Annexure8	THE TRUE COPY OF THE ORDER IN CRL.M.C. NO.192 /2022 OF 1ST ADDITIONAL SESSIONS JUDGE, THRISSUR

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//TRUE COPY//

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PA TO JUDGE

Manikumar v. State of Kerala

Case brief

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Manikumar v. State of Kerala

Case brief

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What did the court decide?

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