2025:KER:30473 BAIL APPL. NO. 4539 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 4539 OF 2025 CRIME NO.24/2025 OF Kareelakulangara Police Station, Alappuzha PETITIONERS/ACCUSED: 1 MANEESH AGED 36 YEARS S/O MAHEEN TASNI MANZIL PATHIYOOR ALAPPUZHA DISTRICT -, PIN - 690572 2 NOUFAL @ CHINCHU AGED 26 YEARS S/O MUHAMMED HANEEFA, SHERIN MANZIL, KOTTAKADAVU, KAYAMKULAM P O KAYAMKULAM -, PIN - 690502 3 PRAVEEN P @ KUTTAPPAN AGED 28 YEARS S/O PRASANNAN VALAYAKATHU KIZHAKKATHIL KANDALLOOR SOUTH KANDALLOOR, ALAPPUZHA -, PIN - 690535 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. ANILKUMAR C.R. K.S.KIRAN KRISHNAN DIPA V. SRAVAN M.S. AKHIL RAJ B. 2025:KER:30473 BAIL APPL. NO. 4539 OF 2025 2 RESPONDENT/STATE/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 NOUFAL S AGED 28 YEARS S/O SHAJAHAN NOUFAL VIHAR ERUVA KAREELAKULANGARA P O ALAPPUZHA -, PIN - 690572 OTHER PRESENT: SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30473 BAIL APPL. NO. 4539 OF 2025 3 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A.No.4539 of 2025 ---------------------------------------------- Dated this the 08th day of April, 2025 ORDER This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioners are the accused in Crime No.24/2025 of Kareelakulangara Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 115(2), 126(2), 137(2), 310(2) and 351 of the Bharatiya Nyaya Sanhita (for short, BNS). 3. The prosecution case is that a vehicle belongs to one Mr.Noufal was entrusted to one Mr.Asif to sell the vehicle to any other person. But without selling the vehicle, Asif pledged the vehicle which came to the knowledge of Noufal. Noufal demanded the vehicle back but as the vehicle was pledged, they could not hand over the vehicle. Hence they entrusted another vehicle with Noufal for the time being. Hence it is alleged that the accused committed the offence. 2025:KER:30473 BAIL APPL. NO. 4539 OF 2025 4 4. Heard counsel for the petitioners and the Public Prosecutor. 5. The counsel for the petitioners submitted that KAAPA proceedings is initiated against the 1st petitioner and he was arrested on 30.03.2025. The counsel submitted that he is pressing bail only on behalf of petitioners 2 and 3, and the matter is settled with the defacto complainant. An affidavit is filed by the defacto complainant as evident by Annexure-2. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The Public Prosecutor opposed the bail application and the submitted that petitioners 2 and 3 have criminal antecedents. 6. This Court considered the contentions of the petitioners and the Public Prosecutor. This Court also perused the affidavit filed by the defacto complainant. The main dispute is about a vehicle. The matter is settled between the parties. In such circumstances, petitioners 2 and 3 can be released on bail. Therefore, the bail application in respect of the 1st petitioner is dismissed as not pressed and the bail application in respect of petitioners 2 and 3 is allowed with the following 2025:KER:30473 BAIL APPL. NO. 4539 OF 2025 5 directions: 1. Petitioners 2 and 3 shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest petitioners 2 and 3, they shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned. 3. Petitioners 2 and 3 shall appear before the Investigating Officer for interrogation as and when required. Petitioners 2 and 3 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 2025:KER:30473 BAIL APPL. NO. 4539 OF 2025 6 case so as to dissuade him from disclosing such facts to the Court or to any police officer. 4. Petitioners 2 and 3 shall not leave India without permission of the jurisdictional Court. 5. Petitioners 2 and 3 shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. 6. 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 petitioners 2 and 3 even while petitioners 2 and 3 are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]. 2025:KER:30473 BAIL APPL. NO. 4539 OF 2025 7 7. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also. 8. If any of the above conditions are violated by Petitioners 2 and 3, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. sd/- P.V.KUNHIKRISHNAN JV JUDGE