Kerala High Court
Vishnu Johny@ Vishnu vs State Of Kerala on 12 April, 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
BAIL APPL. NO. 2489 OF 2024
CRIME NO.130/2024 OF BALARAMAPURAM POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.130 OF 2024 OF
ADDITIONAL DISTRICT COURT (ADHOC)-II, THIRUVANANTHAPURAM
PETITIONERS/ACCSUED 1 TO 3:
1 VISHNU JOHNY@ VISHNU
AGED 28 YEARS
S/O RAJESH ,VETTIYAM PADU ,MELECOLONY
XII/57,CHERUKODU,MOOGUDE PO VILAPIL
THIRUVANTHAPURAM, PIN - 695501
2 GOKUL S B
AGED 23 YEARS
S/O SAJU G,ACHU BHAVAN, NAVODHAYA
LANE,KOOVALASEERY PO THIRUVANTHAPURAM, PIN -
695501
3 DEEPAK S B
AGED 23 YEARS
S/O SABU PACHIOOKDE MELE PUTHENVEEDU ATHIYANOOR
ARALUMOODU PO THIRUVANTHAPURAM., PIN - 695501
BY ADV NAVEEN RADHAKRISHNAN
RESPONDENT:
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
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 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.
3. 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.
4. Heard;Sri. Naveen Radhakrishnan, the learned counsel appearing for the petitioners and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor
5. 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