Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 CRIME NO.488/2024 OF Punnapra Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.75 OF 2024 OF DISTRICT & SESSIONS COURT, ALAPPUZHA PETITIONER/S: JOMON, AGED 29 YEARS S/O JOHN,PALLIPARAMBIL, PUNNAPRA P O ALAPPUZHA, PIN - 688003 BY ADVS. MANU HARSHAKUMAR S.GULZAR RICHU THERESA ROBERT RESPONDENT/S: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.S.DIAS,J ------------------------------------------- Bail Application No.5329 of 2024 ------------------------------------------- Dated this the 1st day of August, 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 petitioner is the accused in Crime
No.488/2024 of the Punnapra Police Station, Alappuzha, which is registered against the accused for allegedly committing the offences punishable under Sections 341, 323, 324, 308 and 506(i) of the Indian Penal Code, 1860 (in short, 'IPC').
3. Heard; Sri.Manu Harshakumar, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor.
4. When the bail application came up for consideration on 18.07.2024, this Court passed an interim
order by directing the petitioner to surrender before the
Investigating Officer for subjecting himself to interrogation.
5. The learned Public Prosecutor, on instructions,
submitted that, pursuant to the order dated 18.07.2024 passed by this Court, the petitioner has surrendered on 30.07.2024. The petitioner’s 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, subject to the following conditions:
(i) The petitioner shall co-operate with the investigation and make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;
(ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner;
(iii) The petitioner shall not get involved in any other offence while on bail.
(iv) The petitioner 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) 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 ten days from today.
(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 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 rkc/01.08.24 APPENDIX OF BAIL APPL. 5329/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF BAIL ORDER IN CRLMC NO.75/2024 OF SESSIONS COURT ALAPPUZHA DATED 20.06.2024 Annexure 2 TRUE COPY OF BAIL ORDER IN CRLMC NO 05.06.2024 Annexure 3 TRUE COPY OF THE AFFIDAVIT DATED 11.07.2024. Annexure 4 TRUE COPY OF THE PASSPORT BEARING NO N2509131 Annexure 5 TRUE COPY OF FIR IN CRIME NO 490/2024 OF PUNNAPRA POLICE STATION