BY AD v. VARGHESE C.KURIAKOSE

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 THE STATION HOUSE OFFICER, CHALAKKUDY POLICE STATION, CHALAKKUDY, THRISSUR DISTRICT, PIN - 680307 MEERA VENUGOPAL AGED 27 YEARS D/O P.VENUGOPAL, AMBATTU HOUSE, KAVARAMPARAMBU P.O. THRISSUR DISTRICT, PIN - 683572 RAGESH K.R. AGED 40 YEARS S/O RAJAN K.V., KEEDEY HOUSE, EMADAVAKKARA, CHITTISSERY P.O. THRISSUR, PIN - 680301 SHAMILA L.M. AGED 34 YEARS W/O SALAM, UMMATHOOR HOUSE, VELUPPADAM P.O. POUD 73, THRISSUR, PIN - 680303 PRIYESH V.P. AGED 42 YEARS S/O PARAMESWARAN, VELAPARAMBIL HOUSE, ALATHOOR, BAIL APPL. NO. 163 OF 2024 2 ANANDAPURAM, PIN - 680305 7 8 NITHIN SIDHARDHAN, AGED 33 YEARS S/O SIDHARDHAN, KIZHAKKOODAN HOUSE, MATTATHOORKUNNU P.O. THRISSUR, PIN - 680684 NEENA K.S. AGED 27 YEARS D/O SIDHARDHAN, KIZHAKKOODAN HOUSE, MATTATHOORKUNNU P.O. THRISSUR DISTRICT-, PIN - 680684 OTHER PRESENT: SR PP - K. DENNY DEVASSY. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 163 OF 2024 3 O R D E R This is an application for anticipatory bail moved by the petitioners apprehending arrest at the hands of the Chalakkudy Police for the second time.

2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

3. At the time of hearing, the learned Public Prosecutor submitted that no crime has been registered against the petitioners and the apprehension of arrest mooted in the petition found to be of no consequence.

4. The learned counsel for the petitioners submitted that, there was job scam by forging documents of the Kerala Public Service Commission and one among the persons behind the scam is a working civil police officer and the petitioners being harassed continuously for the wrong committed by them. At this juncture, B.A.No.3829 of 2023 was forced to be moved before this Court.

5. On perusal of Annexure A17 order in B.A.No.3829 of 2023, when the anticipatory bail plea at the instance of the petitioners herein was considered by this Court, the learned Public Prosecutor submitted that no crime has been registered against the petitioners at Chalakkudy Police Station and the police had no BAIL APPL. NO. 163 OF 2024 4 intention to arrest them. Accordingly, the bail application was dismissed with a direction to the Investigating Officer to issue notice under Section 41A of the Code of Civil Procedure to the petitioners, if their presence is required for the purpose of investigation at any stage.

6. Now the petitioners apprehend arrest as apprehended in the previous bail application. Now also the learned Public Prosecutor submits that no crime has been registered against the petitioners. It is discernible from the records that the petitioners herein filed W.P.(Crl) No.1179/2022, which is pending before this Court. Since the petitioners apprehend harassment from the police in a matter involving allegations at the instance of petitioners regarding forging of records of the Kerala Public Service Commission, allegedly involving one Civil Police Officer could not be ruled out. Since no crime is registered against the petitioners, this anticipatory bail application stands disposed of directing the respondents not to interfere with the peaceful living of the petitioners in any manner and if the presence of the petitioners is necessary for the purpose of any investigation, the Investigating Officer is directed to move an application noting this bail application number before this Court appraising the necessity and BAIL APPL. NO. 163 OF 2024 5 on getting orders from this Court, the petitioners' presence shall be insisted for the purpose of investigation or otherwise. This bail application stands disposed of, accordingly. The Public Prosecutor shall inform this order to the respondents for compliance forthwith. SD/- A. BADHARUDEEN JUDGE BAIL APPL. NO. 163 OF 2024 6 APPENDIX OF BAIL APPL. 163/2024 PETITIONER ANNEXURES Annexure A1 TRUE PHOTOSTAT COPY OF THE MEMO DATED NULL, WHICH WAS SENT BY ASWATHI TO THE PETITIONER THROUGH MOBILE PHONE WHICH IS ALLEGEDLY TO HAVE ISSUED BY THE SECRETARY, KPSC Annexure A2 TRUE PHOTOSTAT COPY OF THE MEMO GIVEN BY SMT. ASWATHI TO SINCY.K.M. Annexure A3 TRUE PHOTOSTAT COPY OF THE MEMO GIVEN BY SMT. ASWATHI TO SHERAJUDHEEN PUTHENPURAYIL Annexure A4 Annexure A5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED TO STATE POLICE CHIEF, THIRUVANANTHAPURAM DATED 21.10.2022 TRUE PHOTOSTAT COPY OF THE DOWNLOADED CITIZENS COPY OF CRIME NO.1031/2022 ON THE FILES OF CHALAKKUDY POLICE STATION DATED 16.11.2022 Annexure A6 TRUE PHOTOSTAT COPY OF THE STATEMENT FILED BY DISTRICT POLICE CHIEF, THRISSUR DATED 25.02.2023 Annexure A7 TRUE PHOTOSTAT COPY OF THE FIR AS CRIME NO.293/2023 FILED BY THE 2ND RESPONDENT DATED 20.03.2023 Annexure A8 TRUE PHOTOSTAT COPY OF THE COMPLAINT GIVEN TO THE 2ND RESPONDENT DATED 21.03.2023 Annexure A9 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER DATED 12.04.2023 BEFORE THE 2ND RESPONDENT Annexure A10 TRUE PHOTOSTAT COPY OF THE AGREEMENT EXECUTED BETWEEN ASWATHI AND SIVAPRASAD DATED 14.11.2022 Annexure A11 Annexure A12 TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10129871 DATED 03.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10183583 DATED 17.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH Annexure TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10129873 BAIL APPL. NO. 163 OF 2024 7 A13 DATED 07.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH Annexure A14 Annexure A15 TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10129874 DATED 13.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10129872 DATED 05.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH Annexure 16 TRUE PHOTOSTAT COPY OF THE ORDER DATED 25.05.2023 IN B.A.NO.3829/2023 Annexure 17 ORDER DATED 25-05-2023 IN BAIL APPL.3829/2023 ON HIGH COURT