Disposed

Vishnu v., v. State of Kerala

Kerala HC13 Mar 2024Bail Appl./381/2024

Case brief

AI extract

What is this about?

Five accused sought anticipatory bail in a group assault case. Having surrendered and completed interrogation per an earlier interim order, the interim order was made absolute subject to standard conditions including non-interference and co-operation.

What did the court decide?

Interim pre-arrest bail order dated 21.02.2024 made absolute subject to seven stated conditions including co-operation and no witness intimidation.

Vishnu v., Vs State of Kerala — Bail and Remand | Kerala HC (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 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945

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BAIL APPL. NO. 381 OF 2024

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CRIME NO.923/2023 OF HARIPPAD POLICE STATION, ALAPPUZHA

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PETITIONERS/ACCUSED:

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1 VISHNU V., AGED 34 YEARS S/O. VISWANANTHAN, ETTUPARAYIL, KARUVATTA, KARUVATTA NORTH, ALAPPUZHA DISTRICT, PIN - 690517

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2 RENJITH U., AGED 37 YEARS S/O. UTHAMAN, KODALIPPARAMBIL, KARUVATTA, KARUVATTA NORTH , ALAPPUZHA DISTRICT, PIN - 690517

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3 SREEJITH P., AGED 38 YEARS S/O. VETTATHERIL, KARUVATTA, KARUVATTA NORTH, ALAPPUZHA DISTRICT, PIN - 690517

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4 SHAMBU S., AGED 31 YEARS S/O. SHAJIMON, ATTITHARAYIL, KARUVATTA, KARUVATTA NORTH, ALAPPUZHA DISTRICT, PIN - 690517

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5MANU M.,
AGED 32 YEARS
S/O. MADHUSUDANAN, PUTHENVEETIL, KARUVATTA,
KARUVATTA NORTH, ALAPPUZHA DISTRICT, PIN - 690517
BY ADVS.
M.G.SREEJITH
VIDYAJITH M.
BINCY JOSE
ROJIN DEVASSY
ANIL KUMAR P.T.

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF

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BAIL APPL. NO. 381 OF 2024

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KERALA, PIN - 682031
2THE STATION HOUSE OFFICER,
HARIPAD POLICE STATION, HARIPAD, HARPAD P.O.,
ALAPPUZHA DISTRICT, PIN - 690514
BY ADV

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SMT. SHYNIMOLE V. O. - PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BAIL APPL. NO. 381 OF 2024

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C.S.DIAS, J.

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B.A. No. 381 OF 2024

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------------------------------------------------------Dated this the 13^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, 1973 (in short, 'Code'), for an order of pre-arrest bail.

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The petitioners are the accused 13 to 17 in Crime No.923/2023 of the Harippad Police Station, Alappuzha, registered against the accused (twenty in number) for allegedly committing the offences punishable under Sections 143, 147, 148, 447, 427, 324, 326 and 307 read with Section 149 of the Indian Penal Code, 1860.

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When the bail application came up for consideration on 21.02.2024, this Court passed an interim order by directing the petitioners to surrender

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BAIL APPL. NO. 381 OF 2024

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before the Investigating Officer, within seven days from the date of order and subject themselves to interrogation.

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Heard; Sri. M. G. Sreejith, the learned counsel

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appearing for the petitioners and Smt. Shynimole V. O., the learned Public Prosecutor.

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The learned Public Prosecutor, on instructions, submitted that pursuant to the order dated 21.02.2024, the petitioners surrendered before the Investigating Officer on 27.02.2024 and their interrogation has been completed. The petitioners’ 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 21.02.2024 absolute, subject to the following conditions:

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BAIL APPL. NO. 381 OF 2024

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(i) The petitioners shall co-operate with the investigation and make themselves available for

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interrogation and for the purpose of investigation as and when the Investigating Officer directs;

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(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;

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(iii) The petitioners shall not get involved in any other offence while on bail;

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(iv) The petitioners 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 conditions shall also be filed before the court below;

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BAIL APPL. NO. 381 OF 2024

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(vii) 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 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].

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Sd/C.S.DIAS JUDGE

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BAIL APPL. NO. 381 OF 2024

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APPENDIX OF BAIL APPL. 381/2024

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PETITIONER’S ANNEXURES
Annexure 1TRUE COPY OF FIR IN CRIME NO.923/2023 OF
HARIPAD POLICE STATION DATED 28-10-2023
Annexure -2TRUE COPY OF ORDER DATED 19-01-2024 IN
BA NO.11642 OF 2023

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RESPONDENT’S ANNEXURES: NIL

Vishnu v., v. State of Kerala

Case brief

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Vishnu v., v. State of Kerala

Case brief

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