Disposed

Jithin T, v. State of Kerala

Kerala HC12 Feb 2024Bail Appl./269/2024

Case brief

AI extract

What is this about?

Pre-arrest bail application by the first accused in a case under IPC Sections 294(b), 341, 323, 324 and 308 read with Section 34. The petitioner had surrendered and completed interrogation pursuant to an interim order. The Court made that order absolute subject to conditions.

What did the court decide?

Interim order dated 23.1.2024 made absolute; petitioner protected from arrest subject to five conditions including co-operation with investigation and not leaving India without permission.

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

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BA No.269 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 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945

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BAIL APPL. NO. 269 OF 2024

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CRIME NO.1972/2023 OF ERAVIPURAM POLICE STATION, Kollam

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PETITIONER/S:

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JITHIN T,AGED 18 YEARS
S/O.VIJITHA,KALARITHEKKATHIL

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PUNTHALATHAZHAM,VADAKKEVILA VILLAGE, KILIKOLLOOR
PO,KOLLAM, PIN - 691004

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BY ADV M.RAJESH

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RESPONDENT/S:

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

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2 THE STATION HOUSE OFFICER, ERAVIPURAM POLICE STATION, ERAVIPURAM PO, KOLLAM (DIST), PIN - 691011

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OTHER PRESENT:

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SMT.NIMA JACOB, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.269 of 2024

C.S.DIAS,J

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BA No.269 of 2024

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Dated this the 12^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 first accused in Crime No.1972/2023 of the Eravipuram Police Station, Kollam, registered against the accused, for allegedly committing the offences punishable under Sections 294(b), 341, 323, 324, 308

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read with Sec.34 of the Indian Penal Code.

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When the bail application came up for consideration on 23.1.2024, 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.269 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. M.Rajesh, the learned counsel appearing for the petitioner and Smt.Nima Jacob., 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 23.1.2024, the petitioner surrendered before the Investigating Officer on

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25.1.2024 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 23.1.2024 absolute, subject to the following conditions:

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

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and make himself available for interrogation and for the

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BA No.269 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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C.S.DIAS, JUDGE

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sks/12.2.2024

Jithin T, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jithin T, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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