Ajith E.V. vs State of Kerala

Type Court Judgment Court Kerala Decided May 26, 2021

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https://sooperkanoon.com/case/1634740

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Citation: sooperkanoon.com/1634740
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: May 26, 2021
Case Number: Bail Appl./3431/2021

Parties & Advocates

Appellant / Petitioner

Ajith E.V.

Respondent

State of Kerala

Excerpt

.....under section 420 read with section 34 ipc.2. the petitioner has filed this application praying for the relief under section 438 cr.p.c.3. heard.4. the learned public prosecutor has no seriousobjection in allowing this application. the learned public prosecutor has submitted that the 1 st accused was granted the relief under section 438 cr.p.c. by this court as perorder dated 30.3.2021 in b.a. no.5063 of 2020.considering the facts and circumstances of the case, -3- including the fact that the 1st accused was already granted the relief under section 438 cr.p.c., i am of the view that the petitioner, who is also similarly placed, can be also granted the relief under section 438 cr.p.c., to meet the ends of justice. it is ordered accordingly. in the result, this application stands allowed and the petitioner shall be enlarged on bail in the event of his arrest in connection with the above crime on condition of the petitioner executing a bond for rs.5,00,000/-(rupees five lakh only), with two solvent sureties, each for the like sum to the satisfaction of the investigating officer, before whom the petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following conditions: -4-(i) the petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation.(ii) the petitioner shall not get involved in any other offence of similar nature during the pendency of this case.(iii) the petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.(iv) the petitioner shall surrender his passport before the jurisdictional court simultaneously at the time of executing the bond. if he has no passport, file an affidavit in this regard. sd b. sudheendra kumar, judge. dl/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, 1943 BAIL APPL. NO. 3431 OF 2021 CRIME NO.1823/2020 OF Pandalam Police Station, Pathanamthitta
PETITIONER/S: AJITH E.V.,AGED 33 YEARS ELANGATH HOUSE, THIRD CAMP, KARUNAPURAM VILLAGE, UDUMPANCHOLA TALUK , IDUKKI DISTRICT IDUKKI, PIN - 685552 BY ADVS. SUSANTH SHAJI SRI.VARGHESE C.KURIAKOSE RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT BY SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

The petitioner is the 3rd accused in Crime No.1823 of 2020 of Pandalam Police Station registered for the offence punishable under Section 420 read with Section 34 IPC.

2. The petitioner has filed this application praying for the relief under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has no serious

objection in allowing this application. The learned Public Prosecutor has submitted that the 1 st accused was granted the relief under section 438 Cr.P.C. by this court as per

order dated 30.3.2021 in B.A. No.5063 of 2020.

Considering the facts and circumstances of the case, -3- including the fact that the 1st accused was already granted the relief under Section 438 Cr.P.C., I am of the view that the petitioner, who is also similarly placed, can be also granted the relief under Section 438 Cr.P.C., to meet the ends of justice. It is ordered accordingly. In the result, this application stands allowed and the petitioner shall be enlarged on bail in the event of his arrest in connection with the above crime on condition of the petitioner executing a bond for Rs.5,00,000/-(Rupees five lakh only), with two solvent sureties, each for the like sum to the satisfaction of the Investigating Officer, before whom the petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following conditions: -4-

(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

(ii) The petitioner shall not get involved in any other offence of similar nature during the pendency of this case.

(iii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(iv) The petitioner shall surrender his passport before the Jurisdictional Court simultaneously at the time of executing the bond. If he has no passport, file an affidavit in this regard. sd B. SUDHEENDRA KUMAR, JUDGE. dl/

Same Court & Year Kerala · 2021 Same Parties Ajith E.V. vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar