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Kerala High Court
Rajesh S vs State Of Kerala on 7 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G. GIRISH
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
CRL.MC NO.4020 OF 2024
CRIME NO.41/2024 OF YEROOR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.710 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, KOLLAM /
III ADDL.M.A.C.T.
PETITIONER/ACCUSED NO.1:
RAJESH S
AGED 39 YEARS, S/O.SARASAN, KALLAMBALAM HOUSE,
ASURAMANGALAM, EDAMULACKAL P.O, ANCHAL, KOLLAM
DISTRICT, KERALA, PIN - 691 306
BY ADV NAHAS H.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031
2 THE STATION HOUSE OFFICER
THE STATION HOUSE OFFICER, YEROOR POLICE STATION,
KOLLAM DISTRICT, PIN - 691 312
BY ADV
SRI SANAL P RAJ, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2
Crl.M.C.No.4020 of 2024
G. GIRISH, J.
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Crl.M.C.No.4020 of 2024
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Dated this the 7th day of May, 2024
ORDER
The petitioner is the sole accused in Crime No.41 of 2024 of Yeroor Police Station, Kollam District. The investigation in respect of the offences under Sections 452, 427, 506(ii), 324 and 326 of the Indian Penal Code is in progress as against the petitioner.
2. The petitioner obtained pre-arrest bail as per order dated 26.03.2024 in Crl.M.C.No.527 of 2024 of the Sessions Court, Kollam. Various conditions were imposed by the learned Sessions Judge while granting pre-arrest bail as per the above order. Among the above conditions, the 2 nd condition directing the petitioner to appear before the Investigating Officer was lifted as per order dated 19.04.2024 in Crl.M.P.No.710 of 2024 of the Sessions Court, Kollam. It was so allowed, taking into account the fact that the petitioner is a person working in the Indian Army at Pathankot in Punjab.
3. In the present petition, the petitioner seeks time to appear before the Investigating Officer as directed in the order 3 Crl.M.C.No.4020 of 2024 dated 19.04.2024 in Crl.M.P.No.710 of 2024 of the Sessions Court, Kollam. It is stated that the petitioner could not avail leave, and thus he was not in a position to comply with the direction to surrender before the Investigating Officer. The learned counsel for the petitioner submitted that the petitioner will be able to surrender before the Investigating Officer in the first week of June after getting leave from the Army authorities. For the above reasons, the condition requiring the petitioner to surrender before the Investigating Officer is sought to be modified in the above regard.
4. Having regard to the reasons stated by the petitioner for his inability to surrender before the Investigating Officer in obedience to the bail condition, I deem it appropriate to permit the petitioner to comply with the bail condition imposed by the Sessions Court, Kollam in Annexure.A3 order by surrendering before the Investigating Officer on or before 10.06.2024. Annexure.A3 order of the learned Sessions Judge will stand modified to the above extent.
This Crl.M.C., is disposed of as above.
Sd/-
G. GIRISH, JUDGE ded 4 Crl.M.C.No.4020 of 2024 APPENDIX OF CRL.MC 4020/2024 PETITIONER ANNEXURES AnnexureA1 THE TRUE COPY OF THE ORDER IN CRL.M.C 527/2024 DATED 26/03/2024 BEFORE THE HONOURABLE SESSIONS COURT, KOLLAM AnnexureA2 THE TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE RECORD AnnexureA3 THE TRUE COPY OF THE ORDER IN CRL MP 710/2024 DATED 19.04.2024