Allowed

Mahesh, v. State of Kerala

Kerala HC9 Apr 2024Bail Appl./1075/2024

Case brief

AI extract

What is this about?

This Court disposed of a pre-arrest bail application under Section 438 CrPC by making an interim order absolute after the petitioner surrendered and completed interrogation. Bail granted with strict conditions including cooperation with investigation, no interference with witnesses, and no country exit without permission.

What did the court decide?

Order dated 25.03.2024 made absolute granting bail subject to conditions of cooperation with investigation, no tampering with evidence/witnesses, no other offences, and no departure from India without

Mahesh, Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

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BAIL APPL. NO. 1075 OF 2024

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CRIME NO.1664/2023 OF Poonthura Police Station,

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Thiruvananthapuram

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AGAINST THE ORDER DATED IN CRMC NO.100 OF 2024 OF DISTRICT COURT
& SESSIONS COURT, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:

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MAHESH,
AGED 52 YEARS
S/O. SREEDHARAN,R/AT NILA,CHIRAMUKKU,
ATTUKAL, MANNACAUD P O,
THIRUVANANTHAPURAM, PIN - 695005

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BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
K.S.KIRAN KRISHNAN
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.

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RESPONDENTS/STATE:

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1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031

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2STATION HOUSE OFFICER,
POONTHURA POLICE STATION,
(CRIME NO. 1664/2023 OF POONHURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT, PIN - 695026)

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OTHER PRESENT:

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SR PP SMT NEEMA T V

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.1075 of 2024

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Dated this the 9^th day of April, 2024

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O R D E R

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The application is filed under Section 438 of the Code of Criminal Procedure,1973, for an order of prearrest bail.

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The petitioner is the first accused in Crime No.1664/2023 of the Poonthura Police Station, Thiruvananthapuram, registered against the accused (three in number) for allegedly committing the offences punishable under Sections 294(b), 323, 326 324, 308 and 506(ii) r/w Section 34 of the Indian Penal Code.

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When the bail application came up for consideration on 25.03.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself for interrogation.

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B.A.No.1075 of 2024

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Heard; Sri. S. Rajeev, the learned counsel appearing for the petitioner and Smt. Neema. T.V., the learned Senior Public Prosecutor appearing for the respondents.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 25.03.2024 passed by this Court, the petitioner appeared before the Investigating Officer and his interrogation has been completed. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

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Resultantly, the bail application is disposed of by making the interim order dated 25.03.2024 absolute, subject to the following conditions:

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(i) The petitioner shall co-operate with the investigation and make himself available for interrogation and for the purpose of investigation as and when the Investigating

B.A.No.1075 of 2024

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Officer directs;

(ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner;

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(iii) The petitioner shall not get involved in any other offence while on bail.

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(iv) The petitioner shall not leave India without the permission of the jurisdictional Court;

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(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.

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(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.

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(vii) 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

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B.A.No.1075 of 2024

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the petitioner even while the petitioner is 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].

Sd/-

C.S.DIAS,JUDGE

mtk/09.04.24

B.A.No.1075 of 2024

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APPENDIX OF BAIL APPL. 1075/2024

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PETITIONER ANNEXURES
Annexure IA COPY OF THE FIR IN CRIME NO 1663/2023
OF POONTHURA POLICE STATION
Annexure IIA COPY OF THE MAHAZAR DATED 30.12.2023
Annexure IIIA COPY OF THE ORDER DATED 29.01.2024 IN
CRL MC NO 100/2024
Annexure IVA COPY OF THE FIR IN CRIME NO 1663/2023
OF POONTHURA POLICE STATION
Annexure VCOPY OF THE ORDER DATED 29.01.2024 IN
CRL MC NO 100/2024

Mahesh, v. State of Kerala

Case brief

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What did the court decide?

Mahesh, v. State of Kerala

Case brief

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What did the court decide?

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