Disposed

Ananthu v. Vs State of Kerala

Kerala HC7 Feb 2024Bail Appl./146/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC by the third accused in a case under Sections 447, 323, 324, 326 r/w 34 IPC. The petitioner had surrendered and been interrogated as per an interim order; the Court made that order absolute with conditions.

What did the court decide?

Interim anticipatory bail order dated 18.1.2024 made absolute subject to conditions including cooperation with investigation and no witness intimidation.

Ananthu v Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

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BA No.146 of 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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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945

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BAIL APPL. NO. 146 OF 2024

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CRIME NO.1636/2023 OF Paravoor Police Station, Kollam

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PETITIONER/S:

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ANANTHU V

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AGED 21 YEARS
C/O.BINDHU S, THIRUVATHIRA, KARIYILAYIL, KALAKKODE
PO, POOTHANKULAM, KOLLAM, KERALA, PIN - 691302

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BY ADVS.
V.I.RAHUL
SHIFA LATHEEF

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RESPONDENT/S:

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

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2 INSPECTOR STATION HOUSE OFFICER SOUTH PARAVOOR POLICE STATION,KOLLAM DISTRICT, PIN - 691301

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SMT.NEEMA.T.V, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.146 of 2024

C.S.DIAS,J

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BA No.146 of 2024

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Dated this the 7^th day of February, 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 third accused in Crime No.1636/2023 of Paravoor Police Station, Kollam, registered against the accused, for allegedly committing the offences punishable under Sections 447, 323, 324, and 326 read with Sec.34 of the Indian Penal Code.

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When the bail application came up for consideration on 18.1.2024, this Court passed an interim order, by directing

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the petitioner to surrender before the Investigating Officer

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BA No.146 of 2024

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within seven days from the date of order and subject himself for interrogation.

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Heard; Sri. V.I Rahul, 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 18.1.2024, the petitioner surrendered before the Investigating Officer on 21.1.2024 and his interrogation has been 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 18.1.2024 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

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BA No.146 of 2024

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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

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conditions shall also be filed before the court below.

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sd/-

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sks/7.2.2024

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C.S.DIAS, JUDGE

Ananthu v. Vs State of Kerala

Case brief

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Ananthu v. Vs State of Kerala

Case brief

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