Pre-arrest bail application under Section 438 CrPC by accused in a case under Sections 406 and 420 IPC; interim surrender order made absolute with conditions after completed interrogation.
Interim order dated 12.02.2024 made absolute subject to conditions; petitioners to remain on pre-arrest bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
BAIL APPL. NO. 167 OF 2024
CRIME NO.5/2024 OF KOZHIKODE MEDICAL COLLEGE POLICE STATION, KOZHIKODE
PETITIONERS:
1 SUNIL KUMAR G @ DEEPU AGED 44 YEARSS/O P N GANGADHARAN, DEVASOORYA, VAYALA P.O, PUTHUSSERIBHAGHAM, ERATHU, PATHANAMTHITTA, PIN - 6915542 AJU ARAHAM, AGED 30 YEARSS/O T A ABRAHAM, DILMI GARDENS, NEDUMPURAM P.O,
THIRUVALLA, PATHANAMTHITTA, PIN - 689110
BY ADVS.
D.FEROZE
T.S.KRISHNENDU
JANET VARGHESE
ADARSH A.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER, KOZHIKODE MEDICAL COLLEGE POLICE STATION, KOZHIKODE, PIN - 673008OTHER PRESENT:
SR PUBLIC PROSECUTOR SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.167 of 2024
-:2:-
Dated this the 4th day of March,2024
O R D E R
The application is filed under Section 438 of the
Code of Criminal Procedure,1973, for an order of prearrest bail.
the date of order and subject themselves for interrogation.
B.A.No.167 of 2024
-:3:-
appearing for the petitioners and Smt.Neema T.V., the learned Senior Public Prosecutor appearing for the respondents
Resultantly, the bail application is disposed of by making the interim order dated 12.02.2024 absolute, subject to the following conditions:
B.A.No.167 of 2024
-:4:-
Officer directs;
B.A.No.167 of 2024
-:5:-
the petitioners even while the petitioners are 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
rmm/4.3.2024
Colour shows how this judgement treated each authority
Sushila Aggarwal v. State (NCT of Delhi) and anotherRelied on¶48
2020 (1) KHC 663
2 provisions across 2 enactments
Sunil Kumar G @ Deepu
Aju Araham
State of Kerala
Station House Officer, Kozhikode Medical College Police Station
C.S.Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court