Judgment · High Court
Case at a glance
Outcome
Disposed of
Resultantly, the bail application is disposed of by
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 294(b), 323, 324, 452, 506(ii)
Key paragraphs
- Para 55. Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted that the petitioners had appeared on 5.4.2024 before the Investigating Officer and their interrogation was completed. The petitioners’ further presence is not required. Hence, the interim order can be…
Judgment
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.2489 of 2024 -:2:- Dated this the 12th day of April,2024
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.
The petitioners are the accused Nos.1 to 3 in Crime No.130/2024 of Balaramapuram Police Station, Thiruvananthapuram, registered against them for allegedly committing the offences punishable under Sections 294(b), 452, 323, 324 & 506(ii) read with Section 34 of the Indian Penal Code, 1860.
When the bail application came up for consideration on 4.4.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within three days from B.A.No.2489 of 2024 -:3:- the date of order and subject themselves to interrogation.
Heard; Sri. Naveen Radhakrishnan, the learned counsel appearing for the petitioners and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor
Operative part
Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted that the petitioners had appeared on 5.4.2024 before the Investigating Officer and their interrogation was 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 4.4.2024 absolute, subject to the following conditions:
(i) The petitioners shall co-operate with the investigation and make themselves available for B.A.No.2489 of 2024 -:4:- interrogation and for the purpose of investigation as and when the Investigating Officer directs;
(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;
(iii) The petitioners shall not get involved in any other offence while on bail.
(iv) The petitioners shall not leave India without the permission of the jurisdictional Court;
(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 B.A.No.2489 of 2024 -:5:- 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 rmm/12.4.2024
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Resultantly, the bail application is disposed of by
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 34, 294(b), 323, 324, 452, 506(ii).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.