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Rajendran, vs the State of Kerala,

Rajendran, vs The State of Kerala,

Type Court Judgment Court Kerala Orders Decided Apr 03, 2023
~2 min read
https://sooperkanoon.com/case/1346668

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./2286/2023

Parties & Advocates

Appellant / Petitioner

Rajendran,

Respondent

The State of Kerala,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a. badharudeen monday, the 3rd day of april 2023 / 13th chaithra, 1945 bail appl. no. 2286 of 2023 fir no: nil sasthamcotta police station petitioner: rajendran, aged 55 years, s/o veluthakunju, residing at thejas bhavanam, padinjatte kizhakku, sooranadu south, kollam district, pin - 690522 by adv a.jani(kollam) respondents/state/complainant: 1 the state of kerala, represented by public prosecutor, high court of kerala, ernakulam, pin - 682031 2 the sub inspector of police, sasthamcotta police station, kollam rural, pin - 691500 sr pp - p g manu this bail application having come up for admission on 03.04.2023, the court on the same day delivered the following:orderdated this the 3rd day of april, 2023 this is an application for anticipatory bail filed by the petitioner, who apprehends arrest at the hands of sasthamcotta police station.2. when the matter is taken up for hearing, the learnedpublic prosecutor placed report of the investigating officer to the effect that, crime alleging commission of offences punishable under sections 323, 324, 308 r/w 34 of ipc was registered vide crime no.385/2023, where the children of the petitioner are accused and the petitioner is not arrayed as an accused. however, he is the rc owner of one among the vehicles involved in the said crime. therefore his interrogation is necessary. since the petitioner is not arrayed as an accused and the learned public prosecutor submitted that only interrogation of the petitioner is necessary, recording this submission, this petition stands disposed of, with direction to the investigating officer to issue notice under section 41a of the cr.p.c. to the petitioner if his presence is required for the purpose of investigation/interrogation. on such notice, the petitioner shall appear before the investigating officer for the purpose of investigation, without fail. sd/- a. badharudeen sk judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 BAIL APPL. NO. 2286 OF 2023 FIR NO: NIL SASTHAMCOTTA POLICE STATION PETITIONER: RAJENDRAN, AGED 55 YEARS, S/O VELUTHAKUNJU, RESIDING AT THEJAS BHAVANAM, PADINJATTE KIZHAKKU, SOORANADU SOUTH, KOLLAM DISTRICT, PIN - 690522 BY ADV A.JANI(KOLLAM) RESPONDENTS/STATE/COMPLAINANT: 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION, KOLLAM RURAL, PIN - 691500 SR PP - P G MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 3rd day of April, 2023 This is an application for anticipatory bail filed by the petitioner, who apprehends arrest at the hands of Sasthamcotta Police Station.

2. When the matter is taken up for hearing, the learned

Public Prosecutor placed report of the Investigating Officer to the effect that, crime alleging commission of offences punishable under Sections 323, 324, 308 r/w 34 of IPC was registered vide crime No.385/2023, where the children of the petitioner are accused and the petitioner is not arrayed as an accused. However, he is the RC owner of one among the vehicles involved in the said crime. Therefore his interrogation is necessary. Since the petitioner is not arrayed as an accused and the learned Public Prosecutor submitted that only interrogation of the petitioner is necessary, recording this submission, this petition stands disposed of, with direction to the Investigating Officer to issue notice under Section 41A of the Cr.P.C. to the petitioner if his presence is required for the purpose of investigation/interrogation. On such notice, the petitioner shall appear before the Investigating Officer for the purpose of investigation, without fail. Sd/- A. BADHARUDEEN SK JUDGE

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