Allowed

G Srinivasan v. State of Kerala

Kerala HC2 Jun 2023Bail Appl./2987/2021

Case brief

AI extract

What is this about?

The High Court of Kerala consolidated six bail applications filed by G Srinivasan. After noting the petitioner's status as a defacto complainant who subsequently became an accused and the existence of a settlement and pending quashing petition, the Court allowed the applications subject to conditions for interrogation and investigation.

What did the court decide?

Directed the petitioner to appear before the Investigating Officer for interrogation and release him on bail after such interrogation by executing a bond of Rs.50,000 with two solvent sureties.

G Srinivasan Vs State of Kerala — Bail and Remand | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945
BAIL APPL. NO. 2943 OF 2021

¶5

PETITIONER:

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G SRINIVASAN

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AGED 45 YEARS

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AZHAGANAGAR, SEELANAICKANPATTY, DASINAYAKKANPATTI,
SALEM, TAMILNADU, PIN - 636201
BY ADV GILBERT GEORGE CORREYA

¶9

RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

¶11

ADDL. R2 NITHYA SARA JOHN
AGED 36 YEARS
W/O SOBIN, OORAYIL VEEDU, PANDANAD P/W IX,
PANDANAD VILLAGE, CHENGANNUR,
ALAPPUZHA, KERALA-689121.

¶12

IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED
7.4.2021 IN CRL.MA 1/2021.
BY ADV.MAYA M.N., PUBLIC PROSECUTOR

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.06.2023, ALONG WITH Bail Appl..2962/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

¶15

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

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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 P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945
BAIL APPL. NO. 2962 OF 2021

¶19

PETITIONER:

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G SRINIVASAN
AGED 45 YEARS
AZHAGANAGAR, SEELANAICKANPATTY,
DASINAYAKKANPATTI, SALEM,
TAMILNADU, PIN - 636201
BY ADV GILBERT GEORGE CORREYA

¶21

RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,3
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

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ADDL.R2 KOSHY PANIKKAR
AGED 41 YEARS
ARUN NIVAS, KAMBAMKODE, VAYAKKAL,
CHADAYAMANGALAM, KOLLAM RURAL, KERALA-691534.

¶24

IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED
7.4.2021 IN CRL.MA 1/2021.
BY ADV.MAYA M.N., PUBLIC PROSECUTOR
NAVEEN THOMAS

¶25

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 02.06.2023, ALONG WITH Bail Appl..2987/2021, 2944/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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¶27

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

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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 P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945
BAIL APPL. NO. 2987 OF 2021

¶31

PETITIONER:

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G SRINIVASAN
AGED 45 YEARS
AZHAGANAGAR, SEELANAICKANPATTY,
DASINAYAKKANPATTI, SALEM,
TAMILNADU, PIN - 636201
BY ADV GILBERT GEORGE CORREYA

¶33

RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

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ADDL.R2 ALPHONSA THOMAS
AGED 33 YEARS
W/O ABHILASH JOHN, KANJIRATHINGALHOUSE,
THADIKULAM BHAGAM, KUTTAMANGALAM VILLAGE,
OONNUKAL, ERNAKULAM RURAL, KERALA-686693.

¶36

IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED
7.4.2021 IN CRL.MA NO.1/2021.
BY ADV.MAYA MN, PUBLIC PROSECUTOR

¶37

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 02.06.2023, ALONG WITH Bail Appl..2962/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶39

¶40

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶41

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945
BAIL APPL. NO. 2944 OF 2021

¶44

PETITIONER:

¶45

G SRINIVASAN
AGED 45 YEARS
AZHAGANAGAR, SEELANAICKANPATTY,
DASINAYAKKANPATTI, SALEM,
TAMILNADU, PIN - 636201
BY ADV GILBERT GEORGE CORREYA

¶46

RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

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ADDL.R2 RINTU GEORGE

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AGED 30 YEARS
W/O GEORGE JOSEPH, MURIANKARYCHIRAYAIL HOUSE,
AALPPARA, ALPPARA P.O, KANJIKUZHY VILLAGE,
IDUKKI , KERALA-685606.

¶50

IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED
7.4.2021 IN CRL.MA NO.1/2021.
BY ADV.MAYA MN, PUBLIC PROSECUTOR

¶51

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

¶52

ON 02.06.2023, ALONG WITH Bail Appl..2962/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶53

¶54

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶55

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945
BAIL APPL. NO. 2963 OF 2021

¶58

PETITIONER:

¶59

G SRINIVASAN
AGED 45 YEARS
AZHAGANAGAR, SEELANAICKANPATTY,
DASINAYAKKANPATTI, SALEM,
TAMILNADU, PIN - 636201
BY ADV GILBERT GEORGE CORREYA

¶60

RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
ERNAKULAM, PIN - 682031

¶62

ADDL. R2ANJU ALEX
AGED 27 YEARS
W/O NAVIN BABU, ANJU BHAVAN, CHANGOTTU,
VAPPALA BHAGAM, ODANAVATTOM VILLAGE,
KOTTARAKKARA, KOLLAM RURAL, KERALA, PIN-691506.

¶63

IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED
7.4.2021 IN CRL.MA NO.1/2021.
BY ADV.MAYA MN, PUBLIC PROSECUTOR

¶64

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 02.06.2023, ALONG WITH Bail Appl..2962/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶65

¶66

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶67

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945

¶69

BAIL APPL. NO. 2964 OF 2021

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PETITIONER:

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G SRINIVASAN
AGED 45 YEARS
AZHAGANAGAR, SEELANAICKANPATTY,
DASINAYAKKANPATTI, SALEM,
TAMILNADU, PIN - 636201

¶72

BY ADV GILBERT GEORGE CORREYA

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RESPONDENT/S:

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1STATE OF KERALA

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

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ADDL. R2JOSPHIN JOSEPH

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AGED 35 YEARS
S/O JOSEPH, MADATHILPARAMBU HOUSE, HEAD POST
OFFICE, PALACE WARD, ALAPPUZHA NORTH, ALAPPUZHA,
KERALA-688011.

¶78

IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED
7.4.2021 IN CRL.MA 1/2021.
BY ADV PUBLIC PROSECUTOR

¶79

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.06.2023, ALONG WITH Bail Appl..2962/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶80

¶81

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

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P.V.KUNHIKRISHNAN, J.

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BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021 ---------------------------------------------Dated this the 02^nd day of June, 2023

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ORDER

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These Bail Applications filed under Section 438 of Criminal Procedure Code (Cr.P.C.)

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Petitioner herein is the accused in Crime Nos. 0149/CB/CU-IV/TVM/R/2021, 0147/CB/CU-IV/R/2021, 0099/ CB/CU-IV/TVM/R/2021, 0101/CB/CU-IV/TVM/R/21, 0110/ CB/CU-IV/TVM/R/2021 and 0103/CB/CU-IV/TVM/R/2021 of CBCID Central Unit-IV, Thiruvananthapuram. The above cases were originally registered as Crime No.395/2020 of Chadayamangalam Police Station, Crime No.1903/2020 of Chenganoor Police Station, Crime No.332/2019 of Kanjikuzhy Police Station, Crime No.3847/2020 of Kottarakara Police Station, Crime 11/2021 of Alappuzha North Police Station and Crime No.126/2020 of Oonnukal Police Station and the cases

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BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

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were subsequently transferred to CBCID as per the directions of this Court.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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When these bail applications came up for consideration, the counsel for the petitioner submitted that the petitioner was the defacto complainant in Crime No.1308/2019 of Ponkunnam Police Station and subsequently the petitioner was arrayed as accused in these cases. The counsel also submitted that a settlement is arrived with the defacto complainant in these crimes and they have no grievance against the petitioner. The counsel further submitted that a Criminal Miscellaneous Case is filed before this Court under Section 482 Cr.P.C to quash the proceedings and that is also pending.

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If that be the case, I think these bail applications need not be retained. The petitioner can be directed to appear before the Investigating Officer and there can be a direction to the Investigating Officer to interrogate the petitioner and release him on bail in these cases.

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Therefore, these Bail Applications are allowed with the

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BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

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following directions:

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Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

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After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned.

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Petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner 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.

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Petitioner shall not leave India without permission of the jurisdictional Court;

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Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

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BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

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If any of the above conditions are violated by the

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petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this

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Court.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶111

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APPENDIX OF BAIL APPL. 2987/2021

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PETITIONER ANNEXURES

¶114

Annexure IThe true copy of the Memorandum of
Understanding for mutual Agreement/
Compromise Settlement dated
15.02.2023, entered into between the
Petitioner and the 2nd Respondent/ de-
facto complainant

¶115

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶116

¶117

APPENDIX OF BAIL APPL. 2944/2021

¶118

PETITIONER ANNEXURES
Annexure IThe true copy of the Memorandum of
Understanding for mutual Agreement/
Compromise Settlement dated
23.01.2023, entered into between the
Petitioner and the 2nd Respondent/ de-
facto complainant

¶119

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶120

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APPENDIX OF BAIL APPL. 2963/2021

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PETITIONER ANNEXURES
Annexure IThe true copy of the Memorandum of
Understanding for mutual Agreement/
Compromise Settlement dated
28.03.2023, entered into between the
Petitioner and the Husband of the 2nd
Respondent/ de-facto complainant

¶123

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶124

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APPENDIX OF BAIL APPL. 2943/2021

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PETITIONER ANNEXURES
ANNEXURE 1THE TRUE COPY OF THE MEMORANDUM OF
UNDERSTANDING FOR MUTUAL AGREEMENT/
COMPROMISE SETTLEMENT DATED
26.03.2023, ENTERED INTO BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT/ DE-
FACTO COMPLAINANT COUNSEL FOR THE
PETITIONER

¶127

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶128

¶129

APPENDIX OF BAIL APPL. 2964/2021

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PETITIONER ANNEXURES

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Annexure I. The true copy of the Memorandum of
Understanding for mutual Agreement/
Compromise Settlement dated
16.02.2023, entered into between the
Petitioner and the 2nd Respondent/ de-
facto complainant

¶132

BA Nos.2943, 2944, 2962, 2963, 2964 & 2987 of 2021

¶133

¶134

APPENDIX OF BAIL APPL. 2962/2021

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PETITIONER ANNEXURES

¶136

Annexure I

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The true copy of the Letter dated
09.7.2021 from the 2nd respondent/
Defacto Complainant

G Srinivasan v. State of Kerala

Case brief

What is this about?

What did the court decide?

G Srinivasan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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