IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
BAIL APPL. NO. 5995 OF 2021
CRIME NO.1374/2021 OF Petta Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CRMC 1385/2021 OF I ADDITIONAL
DISTRICT COURT, TRIVANDRUM
PETITIONER/2ND ACCUSED
ADARSH. S. SURESH
AGED 20 YEARS
S/O. SURESH KUMAR, CHANDRA NIVAS, M.M.R.A. 150,
PETTAH P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADV SHAJIN S.HAMEED
RESPONDENT/STATE
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
SMT. SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5995 OF 2021
2
P.V.KUNHIKRISHNAN, J
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B.A.No.5995 of 2021
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Dated this the 6th day of May, 2022
ORDER
This Bail Application is filed under Section 438 of Criminal Procedure Code.
2. Petitioner is the 2nd accused in Crime No.1347 of 2021 of Pettah Police Station. Above case is registered against the petitioner and others alleging offence punishable under Sections 294(b), 323, 324 and 307 read with Section 34 IPC.
3. The prosecution case is that due to previous enmity with the de facto complainant that he was spreading rumors against them alleging that they are engaged in the sale of ganja, attacked him on BAIL APPL. NO. 5995 OF 2021 3 05.07.2021 at 6.30 p.m..
4. Heard the counsel for the petitioner and the Public Prosecutor.
5. After arguing for some time, the counsel for the petitioner submitted that the petitioner is ready to surrender before the Investigating Officer. The submission is that, there may be a direction to the Investigating Officer to produce him before the appropriate court.
6. After hearing both sides, I think the bail application can be disposed of with the following conditions.
1) The petitioner shall surrender before the Investigating Officer within two weeks from today.
2) Once the petitioner surrender before the Investigating Officer, Investigating Officer is free to interrogate the petitioner. If the BAIL APPL. NO. 5995 OF 2021 4 interrogation is necessary, on consecutive days the petitioner shall be directed to appear on the next day also.
3) After interrogation, the petitioner shall be produced before the jurisdictional court.
4) The petitioner is free to file bail application before the court after giving prior notice to the prosecutor concerned.
5) If such a bail application is filed by the petitioner, the jurisdictional court will consider the same and pass appropriate orders in the bail application preferably on the date of production of the petitioner by the police.
sd/-
P.V.KUNHIKRISHNAN, JUDGE hmh