Allowed

Madhu K v. State of Kerala

Kerala HC14 Mar 2024Bail Appl./846/2024

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a pre-arrest bail application filed by accused persons in a case under sections 447, 427 IPC and 3(1) PDDP. The court made an interim order absolute, directing cooperation with investigation, no interference with witnesses, and other standard conditions. It issued emergency bail without fresh custody.

What did the court decide?

Interim order dated 21.02.2024 made absolute; bail granted subject to conditions of cooperation with investigation, non-interference with witnesses, no new offences, no leave of country, and power to

Madhu K Vs State of Kerala — Cheating and Forgery | Kerala HC (2024)

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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 C.S.DIAS

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THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945

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BAIL APPL. NO. 846 OF 2024

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CRIME NO.1417/2023 OF MALA POLICE STATION, THRISSUR
PETITIONERS/ACCUSED:

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1MADHU K
AGED 53 YEARS
S/O K GOVINDAN KALADY (H), ASHTAMICHIRA P.O
VADAKKUMBHAGOM VILLAGE, CHALAKUDY TALUK,
THRISSUR, PIN - 680731
2JAYAN K
AGED 54 YEARS
ASHTAMICHIRA P.O VADAKKUMBHAGAM VILLAGE,
CHALAKUDY TALUK, THRISSUR, PIN - 680731
3RENJITH C
AGED 46 YEARS
S/O KRISHNANKUTTY C, CHAMA PARAMBIL (H),
ASHTAMICHIRA P.O VADAKKUMBHAGOM VILLAGE,
CHALAKUDY TALUK, THRISSUR, PIN - 680731

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BY ADVS.
P.K.VARGHESE
M.T.SAMEER
DHANESH V.MADHAVAN
JERRY MATHEW
NAMITHA K.S.
DEVIKA K.R.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SR PP SMT NEEMA T V

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.846 of 2024

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Dated this the 14^th day of March, 2024

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O R D E R

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The application is filed under Section 438 of the

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Code of Criminal Procedure,1973, for an order of prearrest bail.

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The petitioners are the accused in Crime No.1417/2023 of the Mala Police Station, Thrissur, registered against them, for allegedly committing the offences punishable under Sections 447 and 427 of the Indian Penal Code and Sec.3(1) of the PDDP Act.

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When the bail application came up for consideration on 21.02.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within seven days from

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the date of order and subject themselves to interrogation.

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Heard Sri.P.K Varghese, the learned counsel

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B.A.No.846 of 2024

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appearing for the petitioners and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondent.

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Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted that the petitioners had appeared before the Investigating Officer and their interrogation was completed on 23.2.2024. The petitioners’ further presence is not required. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

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Resultantly, the bail application is disposed of by making the interim order dated 21.02.2024 absolute, subject to the following conditions:

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(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;

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B.A.No.846 of 2024

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(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;

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(iii) The petitioners shall not get involved in any other offence while on bail.

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(iv) The petitioners shall not leave India without the permission of the jurisdictional Court;

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(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.

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(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.

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(vii) 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 petitioners even while the petitioners are on

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B.A.No.846 of 2024

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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/-

C.S.DIAS,JUDGE

mtk/14.03.24

B.A.No.846 of 2024

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APPENDIX OF BAIL APPL. 846/2024

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PETITIONER ANNEXURES
ANNEXURE 1TRUE COPY OF THE FIR DATED 22.12.2023
IN CRIME NO.1417 OF MALA POLICE
STATION, THRISSUR
ANNEXURE IITRUE COPY OF THE JUDGMENT DATED
22.09.2020 IN RSA NO. 1080/2009 OF THE
HON'BLE HIGH COURT OF KERALA.

Madhu K v. State of Kerala

Case brief

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Madhu K v. State of Kerala

Case brief

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