Disposed

Soji George, v. State of Kerala

Kerala HC22 May 2024Bail Appl./3064/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by the accused in a theft of bitumen case. An earlier interim order granting arrest-conditional bail was made absolute with standard conditions, as interrogation was complete.

What did the court decide?

Interim anticipatory bail order dated 16.4.2024 made absolute with conditions (bond Rs.50,000 with two sureties, cooperation, passport surrender, travel restrictions).

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

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
BAIL APPL. NO. 3064 OF 2024

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CRIME NO.482/2024 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:

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SOJI GEORGE,
AGED 44 YEARS
S/O. GEORGE, KULATHUMPATTU HOUSE, MEENKUNNAM P.O,
MUVATTUPUZHA, ERNAKULAM, PIN - 686672
BY ADVS.
GEO PAUL
C.R.PRAMOD
S.ASHOK KUMAR.
JACOB GEORGE PALLATH
NAVEEN T.U.
HARIKRISHNAN A.S.
AKSHAI.K.R.
C.B.GAUTHAM

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RESPONDENTS:

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

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2 INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, PIN - 686661

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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

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22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.3064 of 2024

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Dated this the 22^nd day of May,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, by the sole accused in Crime No.482/2024 of the Muvattupuzha Police Station, Ernakulam, which is registered against him for allegedly committing the offence punishable under Section 379 of the Indian Penal Code, 1860.

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The crux of the prosecution case is that, on 15.3.2024, one Suresh was arrested for committing the

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theft of bitumen having a value of Rs.60,000/. During his interrogation, he confessed that the stolen property

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was kept in the property belonging to the accused. Thus, the accused has committed the above offence.

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When the bail application came up for consideration on 16.4.2024, this Court passed an interim order, ordering that if the petitioner is arrested

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B.A.No.3064 of 2024

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in connection with the above crime, he shall be released on bail on executing a bond for Rs.50,000/with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer. However, the Investigating Officer was given the liberty to issue summons to the petitioner under Section 41A of the Cr.P.C and continue the investigation. The interim order was directed to be in force till 20.5.2024.

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Heard; Sri.Geo Paul the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor.

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The learned Public Prosecutor, on instructions, submitted that pursuant to the interim order dated 16.4.2024, the petitioner was arrested on 18.5.2024 and he was enlarged on bail. Thereafter, the property involved in the case has been recovered. The petitioner’s interrogation is complete. Therefore, the petitioner’s further interrogation is not necessary.

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B.A.No.3064 of 2024

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In the light of the above submission, the interim order dated 16.4.2024 is made absolute, subject to the following conditions.

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(i) The petitioner shall co-operate with the Investigating Officer and make himself available for interrogation as and when directed by the Investigating Officer;

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(ii)The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

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(iii)The petitioner shall not commit any offence while he is on bail;

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(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

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B.A.No.3064 of 2024

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-:5:-

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(v) The petitioner shall not leave India without the permission of the jurisdictional Court;

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(vi) 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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(vii)Applications for deletion/modification of the bail conditions shall also be filed before the court below.

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(viii)Needless to mention, it would be well within the powers of the Investigating Officer to 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/22.5.2024

Soji George, v. State of Kerala

Case brief

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Soji George, v. State of Kerala

Case brief

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