Adarsh. S. Suresh vs State Of Kerala
2022 Latest Caselaw 5102 Ker

              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
                 --------------------------------
                   B.A.No.5995 of 2021
                  -------------------------------
            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

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

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