The Court made the interim pre-arrest bail absolute, subject to conditions including cooperation with investigation, non-interference with witnesses, and no travel outside India without permission.
Pre-arrest bail made absolute subject to conditions of cooperation, non-interference, and travel restrictions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
BAIL APPL. NO. 4710 OF 2023
CRIME NO.293/2023 OF ADHUR POLICE STATION, KASARGOD
PETITIONER/S:
1 JOSE MON T.V, AGED 47 YEARS S/O. VARGHESE, THOPPUKALAYIL HOUSE, KALLAR VILLAGE, KASARAGOD, PIN - 671532
2 SEBASTIAN GEORGE, AGED 59 YEARS S/O. K.T VARKEY, THOPPUKALAYIL HOUSE, KALLAR VILLAGE, KASARAGOD, PIN - 671532
BY ADVS. P.K.SUBHASH DANIC ANTONY
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.03.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.NO.4710 OF 2023
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O R D E R
The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
BAIL APPL.NO.4710 OF 2023
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petitioners surrendered before the Investigating Officer on 15.02.2024 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.
Resultantly, the bail application is disposed of by making the interim order dated 09.02.2024 absolute, subject to the following conditions:
BAIL APPL.NO.4710 OF 2023
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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.
(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.
(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].
Sd/-
C.S.DIAS JUDGE
shg
1 issue framed by the court
Whether the interim pre-arrest bail should be made absolute following the petitioners' surrender and completion of interrogation?
Colour shows how this judgement treated each authority
Sushila Aggarwal v. State (NCT of Delhi) and anotherReferred¶35
Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]
2 provisions across 2 enactments
Jose Mon T.V
Sebastian George
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. Dias
Parties & counsel
