Citation : 2024 Latest Caselaw 10905 Ker
Judgement Date : 12 April, 2024
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. 2604 OF 2024
CRIME NO.2028/2023 OF ALUVA EAST POLICE STATION, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.344 OF 2024 OF
DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/S:
RENJITH.V.R.
AGED 35 YEARS
RENJITH.V.R., AGED 35 YEARS, S/O.REGHUNATHAN, MEKKAD
HOUSE, PIPELINE ROAD, ALUVA, ERNAKULAM DISTRICT, PIN -
683101
BY ADVS.
VINOD S. PILLAI
AHAMMAD SACHIN K.
JERRY PETER
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SR PP SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2604 OF 2024
2
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.2028/2023 of the Aluva East Police Station, Ernakulam,
registered against the accused for allegedly committing
the offences punishable under Sections 341, 324 and 308
r/w Section 34 of the Indian Penal Code.
3. Heard; Sri.Vinod S. Pillai, the learned counsel
appearing for the petitioner and Smt.Seetha S., the
learned Public Prosecutor.
4. When the bail application came up for
consideration on 05.04.2024, this Court passed an interim
order, by directing the petitioner to surrender before the
Investigating Officer on 09.04.2024 and subject himself to
interrogation.
5. The learned Public Prosecutor, on instructions, BAIL APPL. NO. 2604 OF 2024
submitted that, pursuant to the order dated 05.04.2024
passed by this Court, the petitioner has subjected himself
to interrogation on 08.04.2024. 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, 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, BAIL APPL. NO. 2604 OF 2024
if any filed, and pass orders on the same, in accordance with law.
vi) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect;
(vii) Applications for deletion/modification of the bail conditions shall also be filed before the court below.
(viii) 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 rkc/12.04.24 BAIL APPL. NO. 2604 OF 2024
APPENDIX OF BAIL APPL. 2604/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER IN CRL.M.C.NO.344/2024 PASSED BY THE DISTRICT AND SESSIONS COURT, ERNAKULAM DATED 07.02.2024
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