Allowed

Soosan Garvasis, v. State of Kerala

Kerala HC12 Apr 2024Bail Appl./710/2024

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a pre-arrest bail application filed under Section 438 CrPC. After the petitioner completed interrogation as per an interim order, the court made the order absolute subject to specific conditions including cooperation with investigation and no interference with witnesses.

What did the court decide?

The interim order dated 02.04.2024 making the petitioner appear for interrogation was made absolute subject to seven conditions.

Soosan Garvasis, Vs State of Kerala — Cheating and Forgery | 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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FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946

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BAIL APPL. NO. 710 OF 2024

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CRIME NO.1696/2023 OF KADUTHURUTHI POLICE STATION, KOTTAYAM

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PETITIONER:

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SOOSAN GARVASIS,
AGED 55 YEARS
W/O GARVASIS,
POYKKARAN KALAYIL HOUSE,
KOTHANALLOOR KARA, MANJOOR VILLAGE,
KOTTAYAM DISTRICT, PIN – 686632

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BY ADVS.P.MOHAMED SABAH

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LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH

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RESPONDENTS:

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

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2 THE STATION HOUSE OFFICER, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT, PIN – 686604

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3OMANA KARUNAKARAN,
W/O KARUNAKARAN, OZHIVUKALAYIL HOUSE,
KOTHANALLOOR P.O, KOTHANALLOOR VILLAGE,
KOTTAYAM DISTRICT ( SOUGHT TO BE IMPLEADED )

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OTHER PRESENT:

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SR PP SRI C S HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.710/2024

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-:2:-

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Dated this the 12^th day of April, 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.1696/2023 of the Kaduthuruthi Police Station, Kottayam, registered against the accused (three in number) for allegedly committing the offences punishable under Sections 420 and 465 read with Section 34 of the Indian Penal Code, 1860.

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When the bail application came up for consideration on 02.04.2024 this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within three days from the date of order and subject himself to interrogation.

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B.A.No.710/2024

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-:3:-

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Heard; Sri.P.Mohammed Sabah, the learned

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counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 02.04.2024 passed by this Court, the petitioner appeared before the Investigating Officer and his interrogation has been completed. 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 02.04.2024 absolute, subject to the following conditions:

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(i) The petitioner shall co-operate with the investigation and make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;

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B.A.No.710/2024

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-:4:-

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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 he is 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 conditions shall also be filed before the court below.

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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 petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme

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B.A.No.710/2024

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-:5:-

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Court in Sushila Aggarwal v. State(NCT of Delhi) and Anr. [2020 (1) KHC 663].

Sd/-

C.S.DIAS,JUDGE

DST/12.04.24

//True copy//

P.A. To Judge

Soosan Garvasis, v. State of Kerala

Case brief

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Soosan Garvasis, v. State of Kerala

Case brief

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