BABU EMMANUEL v. STATE OF KERALA

BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN ANIES MATHEW NIRMAL KURIEN EAPEN MARTIN K.J. RESPONDENT/S: 1 2 3 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 STATION HOUSE OFFICER,KADUTHURUTHY POLICE STATION, KOTTAYAM, PIN - 686604 SECRETARY,MANJOOR GRAMA PANCHAYAT, MANJOOR P.O, KOTTAYAM (IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 23-11-23 IN CRLMA No.1/23) BY ADVS. SHRI.JUSTINE JACOB, SC, MANJOOR GRAMA PANCHAYAT Smt. Seetha.S, Senior Public Prosecutor -R1 ADN R2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Application No.10393 of 2023 2 C.S.DIAS,J ====================== Bail Application No.10393 of 2023 ----------------------------------- Dated this the 16th day of January, 2024

O R D E R The application is filed under Section 438 of the Code of Criminal Procedure, 1973, by the sole accused in crime No.1515/2023 of the Kaduthuruthi Police Station, Kottayam, registered against the accused for allegedly committing the offences punishable under Sections 379 and 447 of the Indian Penal Code,1860.

When the bail application came up for consideration on 11.12.2023, this Court directed the petitioner to surrender before the Investigating Officer within a week from the date of order for subjecting himself for interrogation. Bail Application No.10393 of 2023 3

Heard; Sri. Julian Xavier Joseph, the learned counsel appearing for the petitioner, Smt. Seetha.S, the learned Senior Public Prosecutor appearing for the respondents 1 and 2 and Sri. Justine Jacob, the learned counsel appearing for the third respondent.

The learned counsel appearing for the petitioner submitted that pursuant to the order dated 11.12.2023 , the petitioner appeared before the Investigating Officer and he was interrogated. The petitioner has been informed that his further presence is not required.

In the light of the above submission and the fact that the petitioner has complied with the order dated 11.12.2023, I make the order dated 11.12.2023 absolute, subject to the following conditions: (i) The petitioner shall co-operate with the investigation and make himself available for interrogation and for the Bail Application No.10393 of 2023 4 purpose of investigation as and when the Investigating Officer directs; (ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner; (iii)The petitioner shall not get involved in any other offence while on bail. (iv) The petitioner shall not leave India without the permission of the jurisdictional Court; (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. (vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below. sd/- sks/16.1.2024 C.S.DIAS, JUDGE Bail Application No.10393 of 2023 5 APPENDIX OF BAIL APPL. 10393/2023 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Annexure A6 Annexure A7 Annexure A8 TRUE COPY OF THE FIR IN CRIME NO.1515/2023 REGISTERED BY THE 2ND RESPONDENT TRUE COPY OF THE SALE DEED NO. 699/2002 OF SRO, KADUTHURUTHY DATED 29.04.2002 TRUE COPY OF THE JUDGMENT DATED 10.10.1960 IN OS 173/1958 AND CONNECTED CASE TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 13.08.2003 ISSUED BY THE VILLAGE OFFICER, MANJOOR VILLAGE TRUE COPY OF THE COMPLAINT DATED 25.07.2007 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, TALUK OFFICE, VAIKOM TRUE COPY OF THE COMPLAINT DATED 18.07.2007 SUBMITTED BY THE PETITIONER BEFORE THE HEAD SURVEYOR, CHANGANASSERY TRUE COPY OF THE PETITION DATED 17.10.2007 SUBMITTED BEFORE THE DISTRICT SURVEY SUPERINTENDENT, KOTTAYAM TRUE COPY OF THE NOTICE DATED 30.05.2015 ISSUED BY THE REVENUE DIVISIONAL OFFICER PALA Annexure A9 TRUE COPY OF THE JUDGMENT DATED 03.01.2017 IN W.P (C) NO.39189/2016