Kerala High Court
Rajesh S vs State Of Kerala on 7 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G. GIRISH
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
CRL.MC NO.4020 OF 2024
CRIME NO.41/2024 OF YEROOR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.710 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, KOLLAM /
III ADDL.M.A.C.T.
PETITIONER/ACCUSED NO.1:
RAJESH S
AGED 39 YEARS, S/O.SARASAN, KALLAMBALAM HOUSE,
ASURAMANGALAM, EDAMULACKAL P.O, ANCHAL, KOLLAM
DISTRICT, KERALA, PIN - 691 306
BY ADV NAHAS H.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031
2 THE STATION HOUSE OFFICER
THE STATION HOUSE OFFICER, YEROOR POLICE STATION,
KOLLAM DISTRICT, PIN - 691 312
BY ADV
SRI SANAL P RAJ, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2
Crl.M.C.No.4020 of 2024
G. GIRISH, J.
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Crl.M.C.No.4020 of 2024
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Dated this the 7th day of May, 2024
ORDER
The petitioner is the sole accused in Crime No.41 of 2024 of
Yeroor Police Station, Kollam District. The investigation in
respect of the offences under Sections 452, 427, 506(ii), 324
and 326 of the Indian Penal Code is in progress as against the
petitioner.
2. The petitioner obtained pre-arrest bail as per order
dated 26.03.2024 in Crl.M.C.No.527 of 2024 of the Sessions
Court, Kollam. Various conditions were imposed by the learned
Sessions Judge while granting pre-arrest bail as per the above
order. Among the above conditions, the 2 nd condition directing
the petitioner to appear before the Investigating Officer was
lifted as per order dated 19.04.2024 in Crl.M.P.No.710 of 2024
of the Sessions Court, Kollam. It was so allowed, taking into
account the fact that the petitioner is a person working in the
Indian Army at Pathankot in Punjab.
3. In the present petition, the petitioner seeks time to
appear before the Investigating Officer as directed in the order
dated 19.04.2024 in Crl.M.P.No.710 of 2024 of the Sessions
Court, Kollam. It is stated that the petitioner could not avail
leave, and thus he was not in a position to comply with the
direction to surrender before the Investigating Officer. The
learned counsel for the petitioner submitted that the petitioner
will be able to surrender before the Investigating Officer in the
first week of June after getting leave from the Army authorities.
For the above reasons, the condition requiring the petitioner to
surrender before the Investigating Officer is sought to be
modified in the above regard.
4. Having regard to the reasons stated by the petitioner
for his inability to surrender before the Investigating Officer in
obedience to the bail condition, I deem it appropriate to permit
the petitioner to comply with the bail condition imposed by the
Sessions Court, Kollam in Annexure.A3 order by surrendering
before the Investigating Officer on or before 10.06.2024.
Annexure.A3 order of the learned Sessions Judge will stand
modified to the above extent.
This Crl.M.C., is disposed of as above.
Sd/-
G. GIRISH, JUDGE
ded
PETITIONER ANNEXURES
AnnexureA1 THE TRUE COPY OF THE ORDER IN CRL.M.C
527/2024 DATED 26/03/2024 BEFORE THE
HONOURABLE SESSIONS COURT, KOLLAM
AnnexureA2 THE TRUE COPY OF THE RELEVANT PORTION OF
THE SERVICE RECORD
AnnexureA3 THE TRUE COPY OF THE ORDER IN CRL MP
710/2024 DATED 19.04.2024
