Kerala High Court
Sreeraj vs State Of Kerala on 25 June, 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
TUESDAY, THE 25TH DAY OF JUNE 2024 / 4TH ASHADHA, 1946
BAIL APPL. NO. 4057 OF 2024
CRIME NO.542/2024 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER IN CRMC NO.1154 OF 2024 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - V, THIRUVANANTHAPURAM
PETITIONERS:
1 SREERAJ,
AGED 21 YEARS
S/O. RAJU,SREEPADMANABHAM,
MARANAMKUNNU, KUDAVOOR P.O,
THIRUVANANTHAPURAM, PIN - 695313
2 ARUN,
AGED 21 YEARS
S/O. SANTHOSH, VILAYIL VEEDU,
MARANAMKUNNU, KUDAVOOR P.O,
THIRUVANANTHAPURAM, PIN - 695313
BY ADVS. M.R.SARIN
P.SANTHOSHKUMAR (KARUMKULAM)
PARVATHI KRISHNA
SAUMYA.P.S
MAHALEKSHMY P.S
AJI S.
ASHA MARY KURIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER ,
ATTINGAL POLICE STATION,
ATTINGAL TRIVANDRUM DISTRICT,
PIN - 695101
OTHER PRESENT:
PP SMT NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.4057/2024
-:2:-
Dated this the 25th day of June, 2024
ORDER
The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
2. The petitioners are the accused 1 and 3 in Crime No.542/2024 of the Attingal Police Station, Thiruvananthapuram, registered against the accused for allegedly committing the offences punishable under Sections 452, 294(b), 427, 323, 325, 506(i) and 354 r/w Section 34 of the Indian Penal Code, 1860 and Section 92(b) of the Rights of Persons with Disabilities Act,2016.
3. When the bail application came up for consideration on 07.06.2024, this Court passed an interim order, by directing the second petitioner/ third accused to surrender before the Investigating Officer B.A.No.4057/2024 -:3:- and subject himself to interrogation. During the pendency of the application, the first petitioner/first accused was arrested. The learned counsel for the petitioners confined the application to the second petitioner.
4. Heard: Sri.M.R.Sarin, the learned counsel appearing for the petitioners and Smt. Nima Jacob, the learned Public Prosecutor.
5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 07.06.2024 passed by this Court, the second petitioner/third accused appeared before the Investigating Officer on 11.06.2024 and his interrogation has been completed. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.
Resultantly, I. The application filed by the first petitioner/first B.A.No.4057/2024 -:4:- accused is dismissed as not pressed. II. The application filed by the second petitioner/third accused is allowed by making the interim order dated 07.06.2024 absolute, subject to the following conditions:
(i) The second petitioner shall co-operate with the Investigating Officer and make himself available for interrogation as and when directed by the Investigating Officer;
(ii)The second petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;
(iii) The second petitioner shall not commit any offence while he is on bail;
(iv) The second petitioner shall surrender his passport, if any, before the court below within ten days from today. If he has no passport, he B.A.No.4057/2024 -:5:- shall file an affidavit to the effect before the court below within 10 days from today;
(v) The second petitioner shall not leave India without the permission of the jurisdictional Court;
(vi) 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.
(vii)Applications for deletion/modification of the bail conditions shall also be filed before the court below.
(viii)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 second petitioner even while the second petitioner is on bail as laid down by the Hon'ble B.A.No.4057/2024 -:6:- Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and Another [2020 (1) KHC 663].
Sd/-
C.S.DIAS,JUDGE
DST/25.06.24 //True copy//
P.A. To Judge