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Hareesh vs State of Kerala

Hareesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 01, 2023
~3 min read
https://sooperkanoon.com/case/1354935

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./3510/2021

Parties & Advocates

Appellant / Petitioner

Hareesh

Respondent

State of Kerala

Excerpt

.....order:“it is true that the allegation against the petitioner is very serious. this is a case which is to be heard in detail on merit after perusing the records. the 2nd wave of covid-19 is spreading in the country and the citizens are facing serious difficulties. in the state of kerala, the 2nd wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. everyday, about 25,000 people are tested positive with covid-19. life is more important than anything. in such circumstances, this court has to consider this fact also while considering bail applications.2. i think in the facts and circumstances of the case, aninterim order for the grant of anticipatory bail can be issued in this case for a limited period. if the petitioner is arrested in connection with the above crime, he shall be released on bail on executing a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned. the investigating officer is free -3-to summon the petitioner for interrogation after issuing notice under sec.41a cr.p.c.3. this interim order will be in force only till 22.6.2021.post on 22.6.2021. today, when the matter came up for consideration, the public prosecutor and the counsel for the petitioner submitted that the final report in crime no.16 of 2021 of aluva excise range officer, ernakulam is filed and the petitioner already appeared before the court below. if that be so, this bail application need not be retained. therefore, recording the above submission, this bail application is closed. sd/- p.v.kunhikrishnan judge das

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 BAIL APPL. NO. 3510 OF 2021 PETITIONER/S: HAREESH AGED 33 YEARS SON OF SHAJI, VENMANISSERY HOUSE, THURATHOOR DESOM, PUTHENVELIKKARA VILLAGE, NORTH PARAVUR, ERNAKULAM DISTRICT,, PIN - 683594 BY ADV NIREESH MATHEW RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SRI.SANAL.P.RAJ, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

P.V.KUNHIKRISHNAN, J.

====================================================== ============================================================= Dated this the 1st day of June, 2023

ORDER

When this bail application came up for consideration on 07.05.2021, this Court passed the following order:

“It is true that the allegation against the petitioner is very serious. This is a case which is to be heard in detail on merit after perusing the records. The 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested positive with COVID-19. Life is more important than anything. In such circumstances, this Court has to consider this fact also while considering bail applications.

2. I think in the facts and circumstances of the case, an

interim order for the grant of anticipatory bail can be issued in this case for a limited period. If the petitioner is arrested in connection with the above crime, he shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned. The investigating officer is free -3-

to summon the petitioner for interrogation after issuing notice under Sec.41A Cr.P.C.

3. This interim order will be in force only till 22.6.2021.

Post on 22.6.2021. Today, when the matter came up for consideration, the Public Prosecutor and the counsel for the petitioner submitted that the final report in Crime No.16 of 2021 of Aluva Excise Range Officer, Ernakulam is filed and the petitioner already appeared before the court below. If that be so, this bail application need not be retained. Therefore, recording the above submission, this bail application is closed. sd/- P.V.KUNHIKRISHNAN JUDGE das

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