Kerala High Court
Rajesh 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. 1426 OF 2024
CRIME NO.22/2024 OF CHITTAR POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.742 OF 2024 OF
DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA
PETITIONER/ACCUSED:
RAJESH,
AGED 44 YEARS
S/O. VIJAYAN,THOTTAPUZHAYIL HOUSE,
THERAKATHUMANNU,CHITTAR,PATHANAMTHITTA, PIN -
689663
BY ADVS.
D.VIMAL DEV
GIFFIN SHALOO
PRIYA CAROL
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.1426 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 petitioner is the accused in Crime
No.22/2024 of Chittar Police Station, Pathanamthitta,
registered against him, for allegedly committing the
offences punishable under Sections 294(b), 323, 324
and 308 of the Indian Penal Code. It is stated that,
subsequently, Section 307 of the IPC has been
incorporated.
3. When the bail application came up for
consideration on 1.4.2024, this Court passed an
interim order, by directing the petitioner to surrender
before the Investigating Officer within seven days from
the date of order and subject himself to interrogation.
4. Heard;Sri. D. Vimal Dev, the learned counsel
appearing for the petitioner and Smt. Neema T.V, the
learned Senior Public Prosecutor.
5. Today, when the bail application was taken up
for hearing, the learned Public Prosecutor submitted
that the petitioner had appeared on 4.4.2024 before
the Investigating Officer and his interrogation was
completed. The petitioner's 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 1.4.2024 absolute,
subject to the following conditions:
(i) The petitioner shall co-operate with the
investigation and make himself available for
interrogation and for the purpose of
investigation as and when the Investigating
Officer directs;
(ii) The petitioner shall not intimidate witnesses or
interfere with the investigation in any manner;
(iii) The petitioner shall not get involved in any other
offence while on bail.
(iv) The petitioner 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 petitioner even while the petitioner is 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
