Kerala High Court
Abdul Khader Ch vs State Of Kerala on 6 September, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:67795
B.A.No.5920 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
BAIL APPL. NO. 5920 OF 2024
CRIME NO.1982/2023 OF Poojappura Police Station,
Thiruvananthapuram
AGAINST THE JUDGMENT DATED 13.02.2024 IN Bail Appl.
NO.509 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
ABDUL KHADER CH,
AGED 35 YEARS, S/O ABDUL RAHMAN CH, FATHIMA
MANZIL, PULIKUNNU P.O, KASARGOD, PIN - 671 121
BY ADVS.
C.BHASKARAN
ARJUN C BHASKAR
GOKUL DEVIS
ATHUL KRISHNA A.
MOHAMMED SHAD K.A.
HELAN BENNY
NABEEL B.A.
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR PP SRI C S HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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B.A.No.5920 of 2024
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ORDER
The application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short),
for an order of pre-arrest bail.
2. The petitioner is the sole accused in Crime
No.1982/2023 of the Poojappura Police Station,
Thiruvananthapuram, which is registered against him for
allegedly committing the offences punishable under
Sections 354 and 354(A)(1)(ii) of the Indian Penal Code.
3. When the bail application came up for consideration
on 23.8.2024, this Court passed an interim order, by
directing the petitioner to surrender before the
Investigating Officer within one week from the date of order
and subject himself to interrogation.
4. Heard; Sri.C. Bhaskaran, the learned counsel
appearing for the petitioners and Sri.C.S Hrithwik, the
learned Senior Public Prosecutor.
5. The learned Public Prosecutor, on instructions,
submitted that, pursuant to the order dated 23.8.2024, the
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petitioner appeared before the Investigating Officer on
29.08.2024 and his interrogation has been completed. His
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 23.8.2024 absolute, subject
to the following conditions:
(i) The petitioner shall co-operate with the
Investigating Officer and make himself available for
interrogation as and when directed by the Investigating
Officer;
(ii) The petitioner shall not directly or indirectly make
any inducement, threat or procure to any person acquainted
with the facts of the case so as to dissuade them from
disclosing such facts to the court or to any Police Officer or
tamper with the evidence in any manner, whatsoever;
(iii) The petitioner shall not commit any offence while
he is on bail;
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(iv) 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
before the court below on the date of execution of the
bond;
(v) The petitioner shall not leave India without the
previous permission of the jurisdictional court.
(vi) 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.
(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
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Another [2020 (1) KHC 663].
Sd/-
C.S. Dias
Judge
vpv
