IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945 BAIL APPL. NO. 1126 OF 2024 CRIME NO.942/2023 OF AROOR POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: RAJEEV KUMAR, AGED 43 YEARS SHIVAPRIYA,PALLARIMANGALAM (P.O), MAVELIKKARA,ALAPPUZHA, PIN - 69010 BY ADV CIMIL CHERIAN KOTTALIL RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PUBLIC PROSECUTOR SMT NEEMA T V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Dated this the 6th day of March, 2024
Fact of the Case:
The petitioner was the third accused in a case registered against him for allegedly committing offenses under Sections 406, 420 r/w. 34 of the Indian Penal Code and Sections 24(1)(b) and 24(1) (g) of the Emigration Act, 1983.
Finding of the Court:
The court found that the petitioner had appeared before the Investigating Officer and his interrogation was completed. The petitioner’s further presence was not required.
Final Decision: The court disposed of the bail application by making the interim order dated 15.02.2024 absolute, subject to certain conditions.
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 third accused in Crime No.942/2023 of the Aroor Police Station, Alappuzha, registered against the accused for allegedly committing the offences punishable under Sections 406, 420 r/w. 34 of the Indian Penal Code and Sections 24(1)(b) and 24(1) (g) of the Emigration Act, 1983.
3. When the bail application came up for consideration on 15.02.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself for interrogation.
4. Heard; Sri.Cimil, the learned Counsel appearing for the petitioner and Smt.Neema T.V, the learned Senior Public Prosecutor.
5. Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted that the petitioner had appeared before the Investigating Officer and his interrogation was completed on 21.2.2024. 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 by making the interim order dated 15.02.2024 absolute, subject to the following conditions:
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