Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 BAIL APPL. NO. 3367 OF 2024 CRIME NO.462/2024 OF CHALAKKUDY POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT DATED IN CR NO.462 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY PETITIONERS/ACCSUED 1 TO 3:
1 RAJESH, AGED 47 YEARS S/O. NARAYANAN, RAYIPARAMBIL HOUSE, ELINJIPRA DESOM, ELINJIPRA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 2 SUDHEESH, AGED 48 YEARS S/O. SUBRAN, RAYIPARAMBIL HOUSE, ELINJIPRA DESOM, ELINJIPRA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 3 SHYAM, AGED 32 YEARS S/O.SUNDARAN, KONNANADAN HOUSE, NAYARANGADI, KODASSERY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 BY ADVS. N.L.BITTO MITHUL T ANTO
RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SR.PUBLIC PROSECUTOR SMT.NEEMA T.V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 31st day of May,2024
ORDER
The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.
2. The petitioners are the accused 1 to 3 in Crime
No.462/2024 of the Chalakudy Police Station, Thrissur, registered against the accused for allegedly committing the offences punishable under Sections 451, 341, 323, 324, 294(b), 506 and 308 r/w Section 34 of the Indian Penal Code.
3. When the bail application came up for
consideration on 16.4.2024, this Court passed an interim order, ordering that if the petitioners are arrested in connection with the above crime, they shall be released on bail on executing a bond for Rs.50,000/- each with two solvent sureties each for the like sum to -:3:- the satisfaction of the Investigating Officer. However, the Investigating Officer was given the liberty to issue summons to the petitioners under Section 41A of the Cr.P.C and continue the investigation. The interim
order was directed to be in force till 24.05.2024.
4. Heard; Sri. N.L.Bitto, the learned counsel appearing for the petitioners and Smt. Neema T.V., the learned Senior Public Prosecutor.
5. The learned Public Prosecutor, on instructions,
submitted that pursuant to the order dated 16.04.2024, the petitioners surrendered before the Investigating Officer on 28.4.2024 and their interrogation has been completed. The petitioners further presence is not necessary. Hence, the interim order dated 16.04.2024 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 16.04.2024 absolute, -:4:- subject to the following conditions:
(i) The petitioners shall co-operate with the Investigating Officer and make themselves available for interrogation as and when directed by the Investigating Officer; (ii)The petitioners 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 petitioners shall not commit any offence while they are on bail;
(iv) The petitioners shall surrender their passports,
if any, before the court below at the time of execution of the bond. If they have no passports, they shall file an affidavit to the effect before the court below on the date of execution of the bond;
(v) The petitioners shall not leave India without the permission of the jurisdictional Court; -:5:-
(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 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 rmm/31.05.2024