Disposed

Syamala v. State of Kerala

Kerala HC5 Feb 2024Bail Appl./94/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by the second accused in a case involving offences under Sections 294(b), 506, 341, 323, 324 and 332 read with Section 34 IPC. Having surrendered and undergone interrogation pursuant to an interim order, the interim protection was made absolute subject to conditions including cooperation with investigation.

What did the court decide?

Interim order dated 17.01.2024 made absolute; petitioner protected from arrest subject to conditions of cooperation with investigation and non-interference.

Syamala Vs State of Kerala — Anticipatory Bail | 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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MONDAY, THE 5^TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 BAIL APPL. NO. 94 OF 2024

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CRIME NO.1262/2023 OF Nooranadu Police Station, Alappuzha PETITIONER/ACCUSED A2:

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SYAMALA

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AGED 54 YEARS W/O.SADANANDAN, PUTHENPURACKAL VEEDU, ERUMAKUZHY MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT., PIN - 690504

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BY ADVS. AJITH MURALI SWAPNA VIJAYAN MOHANAN M.K.

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 THE STATION HOUSE OFFICER /CIRCLE INSPECTOR OF POLICE NOORANADU POLICE STATION, ALAPPUZHA DISTRICT., PIN - 690504

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pp shyni v o

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 94 OF 2024

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O R D E R

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The application is filed under Section 438 of

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the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

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The petitioner is the second accused in Crime No.1262/2023 of Karunagappally Police Station, Kollam, registered against the accused (two in number) for allegedly committing the offences punishable under Sections 294(b), 506, 341, 323,324 & 332 read with Section 34 of the Indian Penal Code.

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When the bail application came up for consideration on 17.01.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself for interrogation.

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BAIL APPL. NO. 94 OF 2024

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Heard; Sri. Ajith Murali, the learned

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counsel appearing for the petitioner and Smt. Shyni O.V., the learned Senior Public Prosecutor appearing for the respondents.

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The learned Public Prosecutor, on

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instructions, submitted that, pursuant to the order dated 17.01.2024 passed by this Court, the petitioner has subjected himself to interrogation. The petitioner’s 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 17.01.2024 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

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BAIL APPL. NO. 94 OF 2024

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Officer directs;

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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 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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Sd/- C.S.DIAS(J) JUDGE

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lsn

Syamala v. State of Kerala

Case brief

What is this about?

What did the court decide?

Syamala v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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