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
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
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
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
