Kerala High Court
Ajmal E.A vs State Of Kerala on 3 September, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 4146 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
BAIL APPL. NO. 4146 OF 2024
CRIME NO.444/2024 OF Vadakkancherry Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED 09.05.2024 IN CRMC
NO.2313 OF 2024 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
PETITIONER/S:
AJMAL E.A,
AGED 28 YEARS
S/O HYDROSE ABDULKAREEM, ETHUYIL HOUSE, SOUTH
VAZHAKUAM, ALUVA, ERNAKULAM, PIN - 686105
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
K C MOHAMED RASHID
ABIN BENNY
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
VADAKKENCHERY POLICE STATION,VADAKKENCHERY,PALAKKAD
DISTRICT, PIN - 680582
3 AJMAL,
AGED 24 YEARS
S/O ASHARAF, OORIKATTIL VEED, CHANGALEERI
PO,KUMARAMPUTHUR VILLAGE, MANNARKKAD,PALAKKAD, PIN -
679513
BAIL APPL. NO. 4146 OF 2024
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OTHER PRESENT:
SR PP SMT PUSHPALATHA M K
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 4146 OF 2024
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C.S.DIAS,J
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Bail Application No.4146 of 2024
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Dated this the 3rd day of September, 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.444/2024 of the Vadakkancherry Police Station,
Palakkad, which is registered against the accused for
allegedly committing the offences punishable under
Sections 341, 326 and 427 of the Indian Penal Code, 1860
(in short, 'IPC').
3. Heard; Sri.P.V.Anoop, the learned counsel
appearing for the petitioner and Smt.Pushpalatha, the
learned Public Prosecutor.
4. When the bail application came up for
consideration on 19.08.2024, this Court passed an interim
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order by directing the petitioner to surrender before the
Investigating Officer for subjecting himself to
interrogation.
5. The learned Public Prosecutor, on instructions,
submitted that, pursuant to the order dated 19.08.2024
passed by this Court, the petitioner has surrendered. 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
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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) The petitioner shall surrender his passport,
if any, before the court below within ten days from
today. If he has no passport, he shall file an
affidavit to the effect before the court below within
ten days from today.
(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/03.09.24
BAIL APPL. NO. 4146 OF 2024
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APPENDIX OF BAIL APPL. 4146/2024
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIR IN CRIME NO. 444/2024
OF VADAKKENCHERY POLICE STATION, PALAKKAD
DISTRICT DATED 14.04.2024
Annexure B TRUE COPY OF THE ORDER PASSED BY THE
HON’BLE SESSIONS COURT, PALAKKAD IN
CRIMINAL MISCELLANEOUS CASE NO. 2313 OF
2024 DATED 09.05.2024
