Kerala High Court
Charls Dominic vs State Of Kerala on 15 March, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
BAIL APPL. NO. 1146 OF 2024
CRIME NO.1390/2021 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.2:
CHARLS DOMINIC
AGED 51 YEARS
S/O JOSEPH, RESIDING AT C.J. HOUSE, OLG NAGAR, VALIYATHURA,
VALLAKKADAVU P.O., THIRUVANANTHAPURAM, PIN - 695008
BY ADVS.
M.JAYAKRISHNAN
SALINI T.S.
R.ANOOP
SHAJI MATHEW N.M.
REMYA VARMA N.K
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
2 STATION HOUSE OFFICER
ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY, ERNAKULAM
NORTH P.O., ERNAKULAM, PIN - 682018
OTHER PRESENT:
PP SMT NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.03.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.NO.1146 OF 2024
2
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.
2. The petitioner is the second accused in Crime No.1390/2021 of Ernakulam Central Police Station, registered against the accused (three in number), for allegedly committing the offences punishable under Sections 406, 420, 468 & 471 r/w.S. 34 of the Indian Penal Code, 1860.
3. When the bail application came up for consideration on 22.02.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within one week from the date of order and subject himself to interrogation.
4. Heard; Sri.M. Jayakrishnan Vazhoor, the learned counsel appearing for the petitioner and Smt.Nima Jacob, the learned Public Prosecutor appearing for the respondents.
5. The learned Public Prosecutor, on instructions, BAIL APPL.NO.1146 OF 2024 3 submitted that, pursuant to the order dated 22.02.2024, the petitioner surrendered before the Investigating Officer on 01.03.2024 and his interrogation has been completed. 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.
Resultantly, the bail application is disposed of by making the interim order dated 22.02.2024 absolute, subject to the following conditions:
(i) The petitioner shall co-operate with the Investigating Officer and make himself available for interrogation as and when directed by the Investigating Officer;
(ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner;
(iii) The petitioner shall not get involved in any other offence while on bail.
(iv) The petitioner shall not leave India without the permission of the jurisdictional Court;
BAIL APPL.NO.1146 OF 2024 4
(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 petitioner even while the petitioner is 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