Kerala High Court
Ashish T Mohan vs State Of Kerala on 11 September, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:69386
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
BAIL APPL. NO. 6083 OF 2024
CRIME NO.809/2024 OF PATHANAMTHITTA POLICE STATION,
PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.6002
OF 2024 OF HIGH COURT OF KERALA
PETITIONER:
ASHISH T MOHAN
AGED 27 YEARS
S/O. MOHANAN, THADATHIL, MEKOZHOOR POST, MYLAPRA
(PART), PATHANAMTHITTA, KERALA., PIN - 689678
BY ADVS.
BALAMURALI K.P.
MOHAMMED ASHIQ R.S.
HARIPRIYA.M
SREEJITH.M.R
SHAJI T.M.
ATHEESHA M.V.
NEETHU GEORGE
HARSHA L
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP. SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6083 OF 2024 2
2024:KER:69386
Dated this the 11th day of September, 2024
ORDER
The application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short,
BNSS), for an order of pre-arrest bail.
2. The petitioner is the third accused in Crime
No.809/2024 of the Pathanamthitta Police Station,
Pathanamthitta, which is registered against the accused
for allegedly committing the offences punishable under
Sections 189(2), 191(2), 191(3), 190, 126(2), 296(b),
115(2), 118(1), 110 & 351(3) of the Bharatiya Nyaya
Sanhita, 2023.
3. When the bail application came up for
consideration on 29.08.2024, this Court passed an
interim order, by directing the petitioner to surrender
before the Investigating Officer within seven days from
2024:KER:69386
the date of order and subject himself to interrogation.
4. Heard: Sri.Balamurali K.P, the learned counsel
appearing for the petitioner and Smt.Seetha S., the
learned Senior Public Prosecutor.
5. The learned Public Prosecutor, on instructions,
submitted that, pursuant to the order dated 29.08.2024
passed by this Court, the petitioner appeared before the
Investigating Officer on 03.09.2024 and his interrogation
has been completed. Hence, the interim order can be
made absolute, subject to additional conditions. The said
submission is recorded.
In the result, the bail application is allowed by
making the interim order dated 29.08.2024 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
2024:KER:69386
any inducement, threat or procure to any person
acquainted with the facts of the case so as to
dissuade him 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;
(iv) 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 10 days
from today;
(v) The petitioner shall not leave India without the
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
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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
rmm/11/9/2024
