Aneesh vs State Of Kerala
2021 Latest Caselaw 23427 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
                              1943
                   BAIL APPL. NO. 4734 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMC 2671/2018 OF DISTRICT
                COURT & SESSIONS COURT,TRIVANDRUM
PETITIONER/S:

         ANEESH
         AGED 33 YEARS
         S/O.SASIDHARAN, ABHILASH SADANAM, CHERAPALLI,
         ARYANADU, THIRUVANANTHAPURAM, NOW RESIDING AT
         BUILDING NO.1, NEAR ADNOC PETROL PUMP, AL-MANAKH,
         ROLLA, SHARJAH, UAE.
         BY ADVS.
         V.G.ARUN (K/795/2004)
         V.JAYA RAGI
         R.HARIKRISHNAN (KAMBISSERIL)
         NEERAJ NARAYAN


RESPONDENT/S:

         STATE OF KERALA
         REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
         OF KERALA, ERNAKULAM - 682 031.

OTHER PRESENT:

         SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 25.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 B.A.4734/21                       - : 2 :-

                    ALEXANDER THOMAS, J.
                      ==================
                         B.A.No. 4734 of 2021
                      ==================
              Dated this the 25rd day of November, 2021
                              ORDER

This is a plea for anticipatory bail made by the second time by

accused No.2 in the instant Crime No.1006/2018 of Thiruvananthapuram

Valiyathura Police Station, which has been registered for offences

punishable under Secs.511, 365, 465, 468, 469, 399 read with 34 of

the I.P.C. The crime has been so registered on the basis of the First

Information Statement given by the defacto complainant on

07/06/2018 at about 10.20 p.m in respect of the alleged incident,

which happened on the previous day (06/06/2018) at about 2.50 a.m.

in the early morning. Later the Police, after investigation has included

the offences as per Secs.465, 468, 419, 354 and Sec. 399 of the IPC,

apart from the initially included offences as per Sec.511 of Sec.365

and Sec. 34 of the IPC. Apart from the petitioner (A2), the Police have

also duly identified accused Nos.4, 5 , 6, 8, 9, 10 and 11. Accused 4, 5,

6, 9 and 11 have been arrested, remanded and let out them on bail

after 28 days of remand. Accused Nos.8 and 10 have been granted

anticipatory bail by the Sessions Court. Accused Nos. A1, A3 and A7

have not so far been identified. The Police, after investigation has B.A.4734/21 - : 3 :-

found out that the car in which the accused persons had travelled

belongs to the petitioner (A2) and statements have also been collected

that at the time of the incident, the petitioner was also present at the

immediate vicinity as stated by various witnesses and also going by

his whereabouts identified on the basis of tower locations after

ascertaining his call data records.

2. The plea for anticipatory bail made by the present

applicant was considered in detail by this Court and dismissed as per

Anx.A-2 order dated 16.12.2019 in B.A.No. 8529/2019, filed earlier by

the present petitioner. Now after the expiry of about a two long years,

subsequent plea is again made for grant of anticipatory bail citing the

ground that accused No.10 in the same crime was earlier granted

anticipatory bail by this Court as per Anx.A-3 order rendered on

22.8.2018.

3. The learned Public Prosecutor submits that the

investigating agency is seriously opposing the plea for anticipatory

bail and that the case of the present applicant cannot be equated with

the case of the applicant in Anx.A-3 and that Anx.A-3 order rendered

on 2.8.2018 was never relied upon by the petitioner and he moved

the previous bail application, which resulted in Anx.A-2 rejection B.A.4734/21 - : 4 :-

order on 16.12.2019.

5. However, Sri.V.G.Arun, learned counsel appearing for the

applicant accused would submit on the basis of the instructions of his

party that the applicant would immediately surrender before the

investigating officer concerned in relation to the instant Crime No.

1006/2018 of Thiruvananthapuram Valiyathura South Police Station,

for interrogation purposes and that this Court may also order that

after interrogation, the investigating officer may immediately produce

the petitioner before competent criminal court concerned and

thereupon the applicant's regular bail under Sec.437 of the Cr.P.C. be

considered and orders passed by the learned court on the same day of

his production, after hearing the applicant accused, etc.

6. Since the applicant is now proposing voluntarily

surrender before the investigating officer for interrogation purposes,

there may not be any serious issues with the investigating agency.

Accordingly, it is ordered that last opportunity is given to the

applicant accused to surrender before the investigating officer

concerned in relation to Crime No.1006/2018 of the Thiruvananthapuram

Valiyathura South Police Station, for interrogation purposes on any

day on or before 18.12.2021 at 8 a.m. and thereupon, the investigating B.A.4734/21 - : 5 :-

officer will subject the applicant to interrogation in connection with

the investigation in the present crime and after the completion of the

interrogation process, the investigating officer may produce the

applicant before the competent criminal court concerned, whereupon,

the said court may consider the regular bail application that may be

filed by the applicant accused under Sec.437 of the Cr.P.C. on the

same day of his production and orders may be passed on the same,

after affording reasonable opportunity of being heard to the counsel

for the applicant accused and learned Prosecutor on the same day. In

that regard, it is ordered that the applicant accused or his counsel

may give prior notice to the investigating officer concerned as well as

the prosecutor concerned, who is in charge of the present case about

the exact day on which he would surrender before the investigating

officer as above, so that the learned Prosecutor will also get

instructions to make necessary submissions before the competent

criminal court for consideration and disposal of the regular bail

application that may be filed by the applicant under Sec.437 of the

Cr.P.C. as above. It is made clear that no further time extension will

be granted for surrender to the applicant/accused since the crime has

been registered as early as in the year 2018 and Anx.A-2 rejection of B.A.4734/21 - : 6 :-

the anticipatory bail application has been made by this Court as early

as on 16.12.2019.

With these observations and directions, the above bail

application stands disposed of.

Sd/-

sdk+                              ALEXANDER THOMAS, JUDGE