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2024 Supreme(Online)(KER) 1918

IN THE HIGH COURT OF KERALA AT ERNAKULAM


PRESENT


THE HONOURABLE MR.JUSTICE C.S.DIAS


FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946


BAIL APPL. NO. 2055 OF 2024


CRIME NO.335/2024 OF ALUVA POLICE STATION, ERNAKULAM


PETITIONER/ACCSUED:


MUHAMMED SHIYAS,


AGED 45 YEARS


S/O V.M. MARAKKAR, PRESIDENT, DISTRICT CONGRESS


COMMITTEE,DCC OFFICE, KPCC JUNCTION,


ERNAKULAM.PIN-682011,RESIDING AT VADAPPILLY


HOUSE, THAIKKATTUKARA P.O., ALUVA, ERNAKULAM


DISTRICT, PIN - 683106


BY ADVS.


ANOOP V.NAIR


TANOOSHA PAUL


ROHITH C.


AVANTHIKA R.


RESPONDENTS:


1


STATE OF KERALA,


REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF


KERALA, PIN - 682031


2


THE STATION HOUSE OFFICER,


ALUVA POLICE STATION, ERNAKULAM DISTRICT, PIN -


683101


OTHER PRESENT:


SR PP SMT NEEMA T V


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON


12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


2024:KER:28876


B.A.No.2055 of 2024


-:2:-


Dated this the 12th day of April,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.335/2024 of the Aluva Police Station, Ernakulam, registered against the accused, for allegedly committing the offences punishable under Sections 143, 147, 341, 353 and 332 read with Sec.149 of the Indian Penal Code, 1860(in short, ‘IPC’).

3. When the bail application came up for consideration on 2.4.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within three days from the date of order and subject himself to interrogation.

4. Heard;Sri.Anoop V.Nair, the learned counsel appearing for the petitioner and Smt.Neema T.V, the learned Public Prosecutor.

5. Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted that the petitioner had appeared on 3.4.2024 before the Investigating Officer and his interrogation was completed. 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 2.4.2024 absolute, 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) 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 2024:KER:28876 B.A.No.2055 of 2024 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].
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