Reneesh K. R vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the accused in crime No.701/2023 of Mathilakam Police Station, Thrissur, registered for the offences punishable under Sections 392, 451, 506 r/w 34 of the Indian Penal Code.

The prosecution case is that on 19.06.2023 at about 17.30 hours, the accused and two others trespassed into the house of the first informant in Mathilakam and demanded Rs.5 lakhs. When it was refused by the first informant, accused Nos.2 and 3 caught hold of her and first accused forcefully snatched her gold chain having 2 ½ sovereigns. It is also alleged that the accused forcefully took away the mobile phone of her son and also took away a new iPhone kept in the cupboard of the bedroom. It is further alleged that the accused threatened the first informant and her children with death and thereby the accused committed the above offences.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

Having considered the rival submissions and perusing the documents produced, I notice that the defacto complainant owes money to the first accused and the petitioner acted as a mediator between the defacto complainant and the first accused and there were several conversations even after the date of the alleged incident. It is also to be noted that the alleged happened on 19.06.2023 whereas the FIR was registered only on 25.07.2023. There is no explanation forthcoming for the delay especially when the allegations are serious and there are no antecedents reported against the petitioner. Under such circumstances, I do not think that custodial interrogation of the petitioner is required. However, the petitioner shall cooperate with the investigation.

Accordingly, the Bail Application is allowed on the following conditions:

The petitioner is directed to surrender before the Investigating Officer on 22.11.2023, and on such surrender, the Investigating Officer can interrogate the petitioner between 9 a.m. and 5 p.m. It will be open to the investigating officer to summon him during the same time on successive days till 24.11.2023. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

2.On such production, the jurisdictional court shall release the petitioner on bail, on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

The petitioner shall cooperate with the investigation and make himself available for interrogation and investigation as and when the Investigating Officer directs him to do so.

The petitioner shall not leave India without the permission of the jurisdictional court.

The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

The  petitioner  shall  not  be  involved  in  any offence while on bail.

If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.

It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another [2021 (1) KHC 663].