N.Basurangan, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Jan 10, 2024

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Citation: sooperkanoon.com/1314583
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 10, 2024
Case Number: Bail Appl./10649/2023

Parties & Advocates

Appellant / Petitioner

N.Basurangan,

Respondent

State of Kerala,

Excerpt

.....'bhasura', thiruvananthapuram district, pin - 695512 by adv p.v.baby respondents/state & complainant: 1 state of kerala, represented by public prosecutor, high court of kerala, pin - 682031 2 thoongampara balakrishnan @ muraleedharan nair, praveen nivas , karingal,maranalloor, thiruvananthapuram rural, pin - 695512other present: sr pp sri c s hrithwik this bail application having come up for admission on 10.01.2024, the court on the same day delivered the following: -:2:- dated this the 10th day of january,2024orderthe application is filed under section 438 of the code of criminal procedure, 1973, for an order of pre-arrest bail.2. the petitioners are the accused nos.1 & 2 inthiruvananthapuram, registered against them alleging them to have committed the offences punishable under sections 341, 294(b), 506 & 308 read with section 34 of the indian penal code,1860.3. heard; sri.p.v. baby, the learned counsel appearing for the petitioner and sri. c. s. hrithwik, the learned senior public prosecutor appearing for the respondent.4. the learned public prosecutor, on instructions, submitted that the petitioners are already in judicial custody, pursuant to a case registered by the -:3:-enforcement directorate. therefore, the petitioners may not be granted an order of pre-arrest bail, because they are already in judicial custody and they will not be able to co-operate with the investigation. in the light of the above submission, this bail application is dismissed without prejudice to the right of the petitioners to file a fresh application, as and when they are released on bail. sd/- c.s.dias,judge dst/10.01.24 //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 BAIL APPL. NO. 10649 OF 2023 THIRUVANANTHAPURAM PETITIONER/ACCUSED 1 & 2: 1 N.BASURANGAN, AGED 60 YEARS S/O. NARAYANAN, 'BHASURA', THIRUVANANTHAPURAM DISTRICT, PIN - 695512 2 AKHILJITH, AGED 30 YEARS S/O. N. BASURANGAN, 'BHASURA', THIRUVANANTHAPURAM DISTRICT, PIN - 695512 BY ADV P.V.BABY RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THOONGAMPARA BALAKRISHNAN @ MURALEEDHARAN NAIR, PRAVEEN NIVAS , KARINGAL,MARANALLOOR, THIRUVANANTHAPURAM RURAL, PIN - 695512

OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 10th day of January,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 petitioners are the accused Nos.1 & 2 in

Thiruvananthapuram, registered against them alleging them to have committed the offences punishable under Sections 341, 294(b), 506 & 308 read with Section 34 of the Indian Penal Code,1860.

3. Heard; Sri.P.V. Baby, the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent.

4. The learned Public Prosecutor, on instructions, submitted that the petitioners are already in judicial custody, pursuant to a case registered by the -:3:-

Enforcement Directorate. Therefore, the petitioners may not be granted an order of pre-arrest bail, because they are already in judicial custody and they will not be able to co-operate with the investigation. In the light of the above submission, this bail application is dismissed without prejudice to the right of the petitioners to file a fresh application, as and when they are released on bail. Sd/- C.S.DIAS,JUDGE DST/10.01.24 //True copy// P.A. To Judge

Same Court & Year Kerala Orders · 2024 Same Parties N.Basurangan, vs State of Kerala, Same Judge Honourable Mr.Justice C.S.Dias