Nandakumar vs State Of Kerala
2023 Latest Caselaw 13734 Ker

Kerala High Court

Nandakumar vs State Of Kerala on 26 December, 2023

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

  TUESDAY, THE 26TH DAY OF DECEMBER   2023 / 5TH POUSHA,
                           1945

              BAIL APPL. NO. 10497 OF 2023

    CRIME NO.89/2021 OF Chittoor Excise Range Office,
                         Palakkad

PETITIONER/ACCUSED:

      NANDAKUMAR AGED 25 YEARS S/O.NATARAJAN (LATE), KITTU
      NIVAS, GANDHI NAGAR, NAATTUKKAL, PUTHENPATHA,
      KOZHINJAMPARA, PALAKKAD DISTRICT., PIN - 678555
      BY ADV NIREESH MATHEW

RESPONDENT/COMPLAINANT:

      STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
      COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031

      SMT. SEETHA.S, SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     2
B.A.No.10497 of 2023


                 P.G. AJITHKUMAR, J.
-----------------------------------------------------------
                 B.A.No. 10497 of 2023
-----------------------------------------------------------
     Dated this the 26th day of December, 2023

                               ORDER

In this bail application filed, purportedly,

invoking the provisions of Section 438 of the Code of

Criminal Procedure, 1973, the petitioner practically seeks

extension of time granted to him to surrender before the

Investigating Officer in Crime No. 89 of 2021 of Excise

Range Officer, Chittoor, Palakkad District. A similar

petition was filed by the petitioner before the Sessions

Court, Palakkad as Crl.M.P.No.2054 of 2023 in

Crl.M.C.No.1528 of 2021. The said petition was

dismissed as per order dated 20.06.2023. In the said

order, the Sessions Court observed that since the

petitioner did not comply with the direction issued by that

court without any reasonable ground, he was not entitled

to the protection as per the order on Crl.M.C.No.1528 of

2021 dated 08.07.2021. Further observation is that the

Investigating Officer will be at liberty to arrest the

accused and to complete the investigation, and to file the

final report.

2. Apprehending arrest consequent to the said

direction, the petitioner has filed the present petition.

3. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

4. The Sessions Court as per the order dated

08.07.2021, found that the detention of the petitioner,

pending investigation was unnecessary. Finding so, the

petitioner was directed to surrender before the

Investigating Officer within ten days from the date of that

judgment. The petitioner, however, has violated that

condition and thereby failed to comply with the direction

of the learned Sessions Judge.

5. Having found that the detention of the

petitioner was unnecessary during investigation, it is only

appropriate to afford another opportunity to the petitioner

to surrender before the Investigating officer. It is seen

from Annexure A2 that his mother is a kidney patient

undergoing dialysis regularly. For that reason, the

petitioner is entitled to have leniency in the matter.

In the circumstances, this bail application is

disposed of directing the petitioner to appear before the

Investigating Officer within ten days from today and on

his surrender, conditions in Annexure A1 order will come

into force.

Sd/-

P.G. AJITHKUMAR JUDGE

SSK/26/12

APPENDIX OF BAIL APPL. 10497/2023

PETITIONER ANNEXURES

Annexure 1 TRUE PHOTOCOPY OF THE ORDER DATED 08.07.2021 IN CRL.MC.NO.1528/2021 PASSED BY THE COURT OF SESSIONS, PALAKKAD Annexure- TRUE TYPED COPY OF ANNEXURE-1. 1(a) Annexure 2 TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 08.07.2021 ISSUED FROM NADAKKAVIL HOSPITAL, VALANCHERRY Annexure 3 TRUE PHOTOCOPY OF THE ORDER DATED 20.06.2023 IN CRL.MP.NO.2054/2023 IN CRL.MC.NO.1528/2021 PASSED BY THE COURT OF SESSIONS, PALAKKAD Annexure 4 TRUE PHOTOCOPY ORDER DATED 22.08.2023 IN B.A.NO.2733/2023 PASSED BY THIS HON'BLE COURT