Disposed

Sreejith, v. State of Kerala

Kerala HC4 Mar 2024Bail Appl./194/2024

Case brief

AI extract

What is this about?

Pre-arrest bail application by the second accused in a house-trespass and theft case under Sections 457 and 380 IPC. The petitioner had surrendered pursuant to an interim order and his interrogation was completed; the prosecution did not require his further presence.

What did the court decide?

Interim order dated 12.2.2024 made absolute; bail granted subject to conditions including co-operation with investigation and no interference with witnesses.

Sreejith, Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

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BA No.194 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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MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
BAIL APPL. NO. 194 OF 2024

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CRIME NO.1631/2023 OF Alappuzha South Police Station,

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Alappuzha

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PETITIONER/S:

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SREEJITH,

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AGED 37 YEARS
S/O R. RAMESH, SREENILAYAM, SANATHANAPURAM PO,
ALAPPUZHA, PIN - 688003

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BY ADV K.V.SABU

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RESPONDENT/S:

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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
04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.194 of 2024

C.S.DIAS,J

======================

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BA No.194 of 2024

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Dated this the 4^th day of March, 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, for an order of pre-arrest bail.

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The petitioner is the second accused in Crime No.1631/2023 of the Alappuzha South Police Station, registered against the accused, for allegedly committing the offences punishable under Sections 457 and 380 of the Indian Penal Code.

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When the bail application came up for consideration on 12.2.2024, 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.194 of 2024

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

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Heard Sri.K.V Sabu, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor appearing for the respondent.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 8.2.2024, the petitioner surrendered before the Investigating Officer on 20.2.2024 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 12.2.2024 absolute, subject to the following conditions:

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BA No.194 of 2024

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(i) The petitioner shall co-operate with the investigation

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and make himself available for interrogation as and when directed by the Investigating Officer ;

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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,

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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

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BA No.194 of 2024

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and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail

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as laid down by the Hon'ble Supreme Court in Sushila

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Aggarwal v. State (NCT of Delhi) and another

[2020 (1) KHC 663].

SD/-

sks/4.3.2024

C.S.DIAS, JUDGE

Sreejith, v. State of Kerala

Case brief

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Sreejith, v. State of Kerala

Case brief

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