The High Court of Kerala converted an interim anticipatory bail order into a final order on completion of the investigation under IPC sections 294, 354D, 376, 376(2)(n), and 506. The petitioner had complied with all interim conditions.
Anticipatory bail granted by making the interim order absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
THURSDAY, THE 14 DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
BAIL APPL. NO. 5272 OF 2023
CRIME NO.819/2023 OF Paravoor Police Station, Kollam
PETITIONER/ACCUSED:
SHINE.S., AGED 42 YEARS S/O.SUNDARESAN, SHINE NIVAS,
KOTTAPURAM VEEDU, PARAVOOR P.O, PARAVOOR VILLAGE, KOLLAM
TALUK, KOLLAM DISTRICT., PIN - 691301
BY ADVS. AJITH MURALI SWAPNA VIJAYAN MOHANAN M.K.
S.RAJEEV
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312 THE STATION HOUSE OFFICER, PARAVOOR E POLICE STATION, PARAVOOR P.O., KOLLAM DISTRICT, PIN - 6913013 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXXBY ADV M.R.SASITH
PP-SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.5272 OF 2023
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ORDER
Dated this the 14th day of March, 2024
This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by the sole accused in crime No.819 of 2023 of Paravoor Police Station, Kollam registered under Sections 294(b), 354D, 376, 376(2)(n) and 506 of IPC.
B.A.NO.5272 OF 2023
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the petitioner was granted interim bail on the following conditions:
“(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer:
(ii) The petitioner shall report before the Investigating officer in Crime No.819/2023 of Paravoor Police Station, Kollam at 11 am on 26-122023 and on 27-12-2003 and thereafter as and when summoned to do so and shall cooperate with the investigation in every manner:
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.819/2023 of Paravoor Police Station, Kollam:
(iv) The petitioner shall not leave Kerala without obtaining further orders from this Court;
B.A.NO.5272 OF 2023
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(v) The petitioner shall surrender his Passport before the Investigating Officer in Crime No.819/2023 of Paravoor Police Station, Kollam. If
the petitioner does not have Passport, he shall execute an affidavit to that effect and file the same before the Investigating officer on 27-12- 2023; (vi) The petitioner shall not involve in any other crime while on bail;”
In such circumstances, it is not necessary to have his custody for the purpose of investigation. Moreover, learned Public Prosecutor, on instructions,
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submitted that the investigation has been completed and the final report has been filed already. so making the interim order absolute, this bail application is disposed
of.
Sd/SOPHY THOMAS JUDGE
SSK/14/03
B.A.NO.5272 OF 2023
6
APPENDIX OF BAIL APPL. 5272/2023
PETITIONER ANNEXURES
A TRUE COPY OF THE PHOTOGRAPHS OF FAMILY FUNCTIONS OF
ANNEXURE B
THE PETITIONER
TRUE COPPU OF THE RECEIPTS OF THE BANK TRANSACTIONS
ANNEXURE C OF THE 3RD RESPONDENT ACCOUNT.
Annexure D TRUE COPY OF THE ORDER DATED 19 - 06 - 2023 PASSED BY
THE COURT OF SESSIONS, KOLLAM IN CRL. M.C. NO.
1294/2023
2 issues framed by the court
Whether anticipatory bail application should be admitted and made absolute after completion of investigation.
Whether petitioner complied with interim bail conditions to warrant conversion of interim bail to regular bail.
1 provisions across 1 enactments
SHINE.S.
STATE OF KERALA
SOPHY THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court