Disposed

Radhika Balachandran, v. State of Kerala

Kerala HC12 Apr 2024Bail Appl./1193/2024

Case brief

AI extract

What is this about?

Petitioner, 11th accused in a case alleging offences under various IPC sections, sought pre-arrest bail under Section 438 CrPC. After she surrendered and was interrogated pursuant to an interim order, bail was made absolute with conditions.

What did the court decide?

Interim pre-arrest bail order dated 27.03.2024 made absolute, subject to conditions on cooperation, non-interference, and travel restrictions.

Radhika Balachandran, Vs State of Kerala — Cheating and Forgery | 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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FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
BAIL APPL. NO. 1193 OF 2024

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CRIME NO.71/2024 OF PALLIKKATHODE POLICE STATION, KOTTAYAM

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PETITIONER:

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RADHIKA BALACHANDRAN,
AGED 54 YEARS
W/O BALACHANDRAN NAIR,PERINCHERIL HOUSE,
PAMPADY P.O. KOTTAYAM DISTRICT,
PIN – 686502

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BY ADVS.K.R.PRATHISH
P.K.SREEVALSAKRISHNAN

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RESPONDENT:

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

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OTHER PRESENT:

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SR PP SMT SEETHA S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.1193/2024

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Dated this the 12^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 pre-arrest bail.

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The petitioner is the 11^th accused in Crime No.71/2024 of the Pallikkathode Police Station, Kottayam, registered against the accused, for allegedly committing the offences punishable under Sections 120-A, 306, 420, 441, 471, 423, 463, 464 read with Section 34 of the Indian Penal Code, 1860.

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When the bail application came up for consideration on 27.03.2024, 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 to interrogation.

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B.A.No.1193/2024

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Heard; Sri. K.R. Prathish, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 27.03.2024 passed by this Court, the petitioner appeared before the Investigating Officer on 02.04.2024 and her 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 27.03.2024 absolute, subject to the following conditions:

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

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B.A.No.1193/2024

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(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 she is 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 the petitioner even while the petitioner

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B.A.No.1193/2024

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is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State(NCT of Delhi) and Anr. [2020 (1) KHC 663].

Sd/-

C.S.DIAS,JUDGE

DST/12.04.24

//True copy//

P.A. To Judge

Radhika Balachandran, v. State of Kerala

Case brief

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Radhika Balachandran, v. State of Kerala

Case brief

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