Disposed

Rajesh, v. State of Kerala

Kerala HC12 Apr 2024Bail Appl./1426/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by an accused in a Chittar police station crime involving offences under Sections 294(b), 323, 324, 308 and later 307 IPC. Having surrendered and completed interrogation as directed in an interim order, the application was disposed of making that interim order absolute with conditions.

What did the court decide?

Interim order dated 1.4.2024 made absolute; petitioner protected from arrest subject to bail conditions.

Rajesh, Vs State of Kerala — Anticipatory Bail | 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
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946

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BAIL APPL. NO. 1426 OF 2024

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CRIME NO.22/2024 OF CHITTAR POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.742 OF 2024 OF
DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA
PETITIONER/ACCUSED:

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RAJESH,
AGED 44 YEARS
S/O. VIJAYAN,THOTTAPUZHAYIL HOUSE,
THERAKATHUMANNU,CHITTAR,PATHANAMTHITTA, PIN -
689663

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BY ADVS.
D.VIMAL DEV
GIFFIN SHALOO
PRIYA CAROL

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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 NEEMA T V

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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.1426 of 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 prearrest bail.

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The petitioner is the accused in Crime No.22/2024 of Chittar Police Station, Pathanamthitta, registered against him, for allegedly committing the offences punishable under Sections 294(b), 323, 324 and 308 of the Indian Penal Code. It is stated that, subsequently, Section 307 of the IPC has been incorporated.

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When the bail application came up for consideration on 1.4.2024, this Court passed an interim order, by directing the petitioner to surrender

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B.A.No.1426 of 2024

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before the Investigating Officer within seven days from the date of order and subject himself to interrogation.

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Heard;Sri. D. Vimal Dev, the learned counsel

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appearing for the petitioner and Smt. Neema T.V, the learned Senior Public Prosecutor.

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Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted that the petitioner had appeared on 4.4.2024 before

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the Investigating Officer and his interrogation was completed. The petitioner’s further presence is not required. 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 1.4.2024 absolute, subject to the following conditions:

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(i) The petitioner shall co-operate with the investigation and make himself available for

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B.A.No.1426 of 2024

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interrogation and for the purpose of investigation as and when the Investigating Officer directs;

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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 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

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B.A.No.1426 of 2024

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investigate the matter and, if necessary, to effect recoveries on the information, if any, given by 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].

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SD/-

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C.S.DIAS,JUDGE

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rmm/12.4.2024

Rajesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh, v. State of Kerala

Case brief

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What did the court decide?

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