Full Judgment
1048 & 1049 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 22ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 BAIL APPL. NO. 1045 OF 2021 CRIME NO.651/2019 OF Museum Police Station, Thiruvananthapuram PETITIONER/S: BABU @ ABDUL RASHEED AGED 62 YEARS SON OF ALIYARUKUNJU, MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, MP APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, BY ADVS. K.M.SATHYANATHA MENON SRI.A.SANTHOSHKUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM-695033. 3 ADDL.R3 JAYARAJ S AGED 49 YEARS SON OF SUKUMARAN, TC 9/2041(3), THANIMA, KOCHAR ROAD, SASTHAMANGALAM P.O, THIRUVANANTHAPURAM-695010. IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 4/3/2021 IN CRL.MA 1/2021. 4 JAYARAJ.S, AGE 49 S/O SUKUMARAN, TC 9/2041(3), THANIMA, KOCHAR ROAD, SASTHAMANGAL PO, THIRUVANANTHAPURAM 695010 (IS IMPLEADED AS PER ORDER DTD. 4.3.2021 IN CRL.M.A.
1048 & 1049 OF 2021 2 NO.1/2021 IN BA NO.1045/2021) BY ADVS. PUBLIC PROSECUTOR, SMT.MAYA M.N. M.RAJENDRAN NAIR SMT.M.SANTHY THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2023, ALONG WITH Bail Appl..1049/2021, 1046/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 1048 & 1049 OF 2021 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 22ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 BAIL APPL. NO. 1049 OF 2021 CRIME NO.36/2021 OF Museum Police Station, Thiruvananthapuram PETITIONER/S: 1 A. ABDUL RASHEED @ DR.A.R.BABU AGED 62 YEARS SON OF Z.ALIYARUKUNJU, MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, M.P APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE 2 SUNITHA ABDUL RASHEED AGED 50 YEARS W/O.ABDUL RASHEED,DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, M.P APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM 3 SUBIN ABDUL RASHEED AGED 33 YEARS S/O.ABDUL RASHEED, DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, M.P APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM BY ADVS. K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 1048 & 1049 OF 2021 4 ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER MUSEUM POLICE STATION, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695033 3 ADDL.R3 (GREGORY THOMAS GEORGE AGED 52 YEARS S/O GEORGE THOMAS, H.NO.200, LAVANYA HOUSE, ARATTUPUZHA, ARANMULA, PATHANAMTHITTA DISTRICT, PIN- 689123. IS IMPLEADED AS PER ORDER DATED 4.3.2021 IN CRL.MA 2/2021. BY ADV PUBLIC PROSECUTOR, SMT.MAYA MN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2023, ALONG WITH Bail Appl..1045/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 1048 & 1049 OF 2021 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 22ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 BAIL APPL. NO. 1046 OF 2021 CRIME NO.1120/2019 OF Museum Police Station, Thiruvananthapuram PETITIONER/S: BABU @ ABDUL RASHEED AGED 62 YEARS SON OF ALIYARUKUNJU, MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, M.P APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE BY ADVS. K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER MUSEUM POLICE STATION, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695033 3 ADDL.R3 DR.HARI SOMAN AGED 57 YEARS SON OF K.N.SOMAN, SOUPARNIKA VEEDU, PLAVINMOODU, KULATHOORKONAM, PARIPPILLI VILLAGE, KOLLAM-691302. IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 4.3.2021 IN CRL.MA 1/2021. 1048 & 1049 OF 2021 6 BY ADV PUBLIC PROSECUTOR,SMT.MAYA MN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2023, ALONG WITH Bail Appl..1045/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 1048 & 1049 OF 2021 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 22ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 BAIL APPL. NO. 1047 OF 2021 CRIME NO.1020/2019 OF Museum Police Station, Thiruvananthapuram PETITIONER/S: 1 BABU @ ABDUL RASHEED AGED 62 YEARS SON OF ALIYARUKUNJU, MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, MP APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE 2 SUNITHA ABDUL RASHEED AGED 50 YEARS W/O BABU @ ABDUL RASHEED, DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, MP APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 3 SUBIN ABDUL RASHEED AGED 33 YEARS S/O BABU @ ABDUL RASHEED, DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, MP APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 4 SURUMI ABDUL RASHEED AGED 36 YEARS D/O. BABU @ ABDUL RASHEED, DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, MP APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM 1048 & 1049 OF 2021 8 5 RASVIN ABDUL RASHEED AGED 27 YEARS S/O. B BABU @ ABDUL RASHEED, DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, MP APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM
BY ADV K.M.SATHYANATHA MENON RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER MUSEUM POLICE STATION, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695033 3 ADDL. R3. SHEEJA SHANMUGHAN D/O KANAKAM, SILVER HILLS, POOTHI ROAD, KUMARAPURAM, THIRUVANATHAPURAM PIN-695004 (IS IMPLEADED AS PER
ORDER DATED 11.02.2021 IN CRL. MA NO. 1/2021 IN BA
NO. 1047/2021) BY ADVS. PUBLIC PROSECUTOR R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA SMT.MAYA M.N., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2023, ALONG WITH Bail Appl..1045/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 1048 & 1049 OF 2021 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 22ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 BAIL APPL. NO. 1048 OF 2021 CRIME NO.1909/2019 OF Museum Police Station, Thiruvananthapuram PETITIONER/S: 1 BABU @ ABDUL RASHEED AGED 62 YEARS SON OF ALIYARUKUNJU, MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, M.P APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE 2 SUBIN ABDUL RASHEED AGED 33 YEARS S/O.ABDUL RASHEED, DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD, HEERA PARK, M.P APPAN ROAD, VAZHUTHACAUD, THYCAUD VILLAGE, THIRUVANANTHAPURAM BY ADVS. K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER MUSEUM POLICE STATION, THIRUVANANTHAPURAM, PIN - 1048 & 1049 OF 2021 10 3 ADDL R3. DR.NIMMY VENU AGED 34 YEARS D/O USHA VENUKUMAR, FLAT 6C, ARTECH EMPIRE, PATTOOR, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM, PIN-690529. IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 4.3.2021 IN CRL.MA 1/2021. BY ADV PUBLIC PROSECUTOR,SMT.MAYA M N THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2023, ALONG WITH Bail Appl..1045/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 1048 & 1049 OF 2021 11 P.V.KUNHIKRISHNAN, J --------------------------------------- Bail Application Nos. 1045, 1046, 1047, 1048 & 1049 of 2021 -------------------------------------- Dated this the 22nd day of May, 2023
ORDER
The petitioner in these bail applications are the accused in Crime Nos. 651/2019, 1020/2019, 1120/2019, 1909/2019 &
2. Today, when these bail applications came up for
consideration, the learned Public Prosecutor submitted that the investigation in these cases were already over and the final report is also filed before the Jurisdictional Court. If that is the case, this bail application need not be retained. There is already an interim order in these cases to the effect that, the petitioner shall not be arrested, until served with notice under Sec.41A Cr.P.C. In such situation, the petitioner can be directed to appear before the court concerned, if not already appeared, and if any application for bail is submitted by the petitioner before the court concerned, the 1048 & 1049 OF 2021 12 court concerned will consider the same in the light of the fact that there was an interim order in these bail applications. With the above observation, these bail applications are disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS