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Bency Mathai, vs State of Kerala,

Bency Mathai, vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 23, 2024
~3 min read
https://sooperkanoon.com/case/1320283

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./2687/2024

Parties & Advocates

Appellant / Petitioner

Bency Mathai,

Respondent

State of Kerala,

Excerpt

.....high court of kerala, pin - 682031 sr pp c.s hrithwik this bail application having come up for admission on 23.04.2024, the court on the same day delivered the following:orderdated this the 23rd day of april, 2024 the application is filed under section 438 of the code of criminal procedure, for an order of pre-arrest bail.2. the petitioners are accused 1 to 5 in crimeno.344/2024 of the hill palace police station, ernakulam, registered against the accused, for allegedly committing the offences punishable under sections 341, 294(b), 323, 308, 509 read with sec.34 of the indian penal code.3. when the bail application came up forconsideration on 8.4.2024, this court passed an interim order, by directing the petitioners to surrender before the investigating officer within one week from the date oforder and subject themselves to interrogation.4. heard; sri.sherry j.thomas, the learned counsel appearing for the petitioners and sri.c.s.hrithwik, the learned public prosecutor.5. the learned public prosecutor, on instructions, submitted that, pursuant to the order dated 8.4.2024, the petitioners surrendered before the investigating officerand their interrogation has been completed. the petitioners’ 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 8.4.2024 absolute, subject to the following conditions:(i) the petitioners shall co-operate with the investigation and make themselves available for interrogation as and when directed by the investigating officer ;(ii) the petitioners shall not intimidate witnesses or interfere with the investigation in any manner;(iii) the petitioners shall not get involved in any other offence while on bail.(iv) the petitioners shall not leave india without the permission of the jurisdictional court;(v) in case of violation of any of the conditions above,the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946 CRIME NO.344/2024 OF HILL PALACE POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 1 TO 5:

1 BENCY MATHAI, AGED 46 YEARS S/O MATHAI, VEEPPARATH (H), KAKKAND KARA, MAMALA P.O, THIRUVANIYOOR VILLAGE, PUTHENCRUZ, ERNKAULAM, PIN - 682305 2 SHAMY GEORGE, AGED 45 YEARS S/O GEORGE KURIYAKOSE, PAZHEMADOM (H) PADIJARAKARA P.O, VALLAKOM, VAIKOM, PIN - 686146. 3 RAHUL K.R, AGED 37 YEARS S/O RAVEENDRAN, KACHERY VALAPPIL HOUSE, THALAKKOTTUKARA P.O, KECHERI, THRISSUR, PIN - 680501 4 REJI A.V, AGED 48 YEARS S/O VIJAYAN, AMBATTU (H), BISON VALLEY P.O, IDUKKI., PIN - 685565. 5 JACOB MATHEW, AGED 40 YEARS S/O RAJU THOMAS,THEREZHATH HOUSE, POONITHURA, POONITHURA, ERNAKULAM, PIN - 682038. BY ADVS. SHERRY J. THOMAS JOEMON ANTONY ANTONY NILTON REMELO RENISH RAVEENDRAN

RESPONDENT/STATE AND DEFACTO COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SR PP C.S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 23rd day of April, 2024 The application is filed under Section 438 of the Code of Criminal Procedure, for an order of pre-arrest bail.

2. The petitioners are accused 1 to 5 in Crime

No.344/2024 of the Hill Palace Police Station, Ernakulam, registered against the accused, for allegedly committing the offences punishable under Sections 341, 294(b), 323, 308, 509 read with Sec.34 of the Indian Penal Code.

3. When the bail application came up for

consideration on 8.4.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within one week from the date of

order and subject themselves to interrogation.

4. Heard; Sri.Sherry J.Thomas, the learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Public Prosecutor.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 8.4.2024, the petitioners surrendered before the Investigating Officer

and their interrogation has been completed. The petitioners’ 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 8.4.2024 absolute, subject to the following conditions:

(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation as and when directed by the Investigating Officer ;

(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;

(iii) The petitioners shall not get involved in any other offence while on bail.

(iv) The petitioners shall not leave India without the 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) 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 petitioners even while the petitioners are 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. mpm APPENDIX OF BAIL APPL. 2687/2024 PETITIONERS’ ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR NUMBERED DATED 24/03/2024.

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