Interim order granting pre-arrest bail under Section 438 CrPC made absolute. Petitioner surrendered and completed interrogation; additional conditions imposed on assistance and behavior during investigation.
Interim order dated 18.1.2024 made absolute on conditions of cooperation with investigation and compliance with legal requirements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BA No.11532 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
BAIL APPL. NO. 11532 OF 2023
CRIME NO.1459/2023 OF Kuttipuram Police Station, Malappuram
PETITIONER/S:
BIJU GEORGE,
AGED 49 YEARS
S/O GEORGE,CHERIYANKUNNEL,KARAPARAMBA, KOZHIKODE,
PIN - 673010
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/S:
1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2STATION HOUSE OFFICER,
KUTTIPURAM POLICE STATION,(CRIME NO 1459/2023 OF
KUTTIPURAM POLICE STATION,MALAPPURAM DISTRICT -
679571), PIN - 679571
SMT.SEETHA.S, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BA No.11532 of 2023
C.S.DIAS,J
======================
BA No.11532 of 2023
Dated this the 7th day of February, 2024
O R D E R
The application is filed under Section 438 of the Code of
Criminal Procedure, 1973, for an order of pre-arrest bail.
No.1459/2023 of Kuttipuram Police Station, Malappuram, registered against him, for allegedly committing the offences punishable under Sections 279 and 304 of the Indian Penal Code.
the petitioner to surrender before the Investigating Officer
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BA No.11532 of 2023
within seven days from the date of order and subject himself for interrogation.
Resultantly, the bail application is disposed of by making the interim order dated 18.1.2024 absolute, subject to the following conditions:
(i) The petitioner shall co-operate with the investigation
and make himself available for interrogation and for the
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BA No.11532 of 2023
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/-
C.S.DIAS, JUDGE
sks/7.2.2024
2 issues framed by the court
Whether the interim order granting pre-arrest bail should be made absolute after the petitioner surrendered and completed interrogation.
Whether the petitioner needs to satisfy any additional conditions to be released on bail.
1 provisions across 1 enactments
BIJU GEORGE
STATE OF KERALA
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court