Kerala High Court
Shaji V vs State Of Kerala on 5 June, 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
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
BAIL APPL. NO. 3685 OF 2024
CRIME NO.150/2024 OF Edavanna Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED 06.04.2024 IN CRMC NO.458 OF 2024
OF DISTRICT COURT& SESSIONS COURT,MANJERI
PETITIONER/S:
SHAJI V,
AGED 52 YEARS
S/O. ALI VAZHAYIL, VAZHAYIL HOUSE, VELIYANTHODE,
NILAMBUR P.O, MALAPPURAM DISTRICT, PIN - 679329
BY ADV K.ABOOBACKER SIDHEEQUE
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
SR.PP.SMT.NEEMA T.V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3685 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 an accused in Crime
No.150/2024 of the Edavanna Police Station,
Malappuram, registered against the accused for
allegedly committing the offence punishable under
Section 420 r/w Section 34 of the Indian Penal Code.
3. Heard; Sri. K.Aboobacker Sidheeque, the learned
counsel appearing for the petitioner and Smt.Neema
T.V., the learned Public Prosecutor.
4. When the bail application came up for
consideration on 16.04.2024, this Court passed an
interim order directing the Investigating Officer to
summon the petitioner for interrogation after issuing
notice under Section 41A of the Code of Criminal
Procedure.
BAIL APPL. NO. 3685 OF 2024
5. The learned Public Prosecutor, on instructions,
submitted that, pursuant to the order dated 16.04.2024
passed by this Court, the petitioner has appeared for
interrogation. 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;
BAIL APPL. NO. 3685 OF 2024
(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
rkc/05.06.24
BAIL APPL. NO. 3685 OF 2024
APPENDIX OF BAIL APPL. 3685/2024
PETITIONER ANNEXURES
Annexure-A1 A TRUE COPY OF THE FIR DATED 19.02.2024
IN CRIME NO. 150 OF 2024 OF EDAVANNA
POLICE STATION, MALAPPURAM DISTRICT.
Annexure-A2 A TRUE COPY OF THE RELEVANT PAGES OF
PROSPECTUS ISSUED BY THE CENTRAL BHARAT
SEVAK SAMAJ.
Annexure-A3 A TRUE COPY OF THE HALL TICKET ISSUED TO
THE DEFACTO COMPLAINANT.
Annexure-A4 A CERTIFIED COPY OF THE ORDER DATED
06.04.2024 IN CRL.M.C NO. 458 OF 2024 OF
THE COURT OF SESSION, MANJERI DIVISION.
