IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JITTU ANTONY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10955 OF 2025 | CRIME NO.1136/2025
| Table of Content |
|---|
| 1. petitioner's request for bail conditions modification. (Para 1 , 2) |
| 2. preceding conditions considered for extension. (Para 3 , 4 , 5) |
| 3. court’s authority to extend surrender timeframe. (Para 6) |
ORDER
The petitioner is the accused No.1 in Crime No.1136/2025 registered by the Mananthavady Police Station, Wayanad for allegedly committing the offences punishable under Section 420 of the Indian Penal Code .
2. The petitioner has stated in the Crl.M.C. that, by Annexure A3 order, the petitioner was granted an order of pre- arrest bail by the Court of Session, Kalpetta, but subject to conditions. As per condition No.(1), the petitioner was directed to surrender before the Investigating Officer in the above crime within two weeks from the date of order. While the petitioner was proposing to surrender before the Investigating Officer, he learnt that he has been falsely implicated in other crimes. In view of the registration of the crimes, the petitioner was precluded from appearing before the Investigating Officer as directed in Annexure A3 order. Nonetheless, by Annexure A5 common order, the petitioner was granted an order of bail in six cases. The petitioner was arrested and he was enlarged on bail. It is only in view of the registration of subsequent crimes that the petitioner was unable to surrender before the Investigating Officer in compliance with Annexure A3 order. The petitioner is now willing to surrender before the Investigating Officer. However, the time period fixed by the Court of Session has lapsed. Therefore, the petitioner is apprehensive that the Trial Court may not permit him to surrender in compliance with the directions in Annexure A3 order. Hence, the time period fixed in Annexure A3 order may be extended by a week from today.
3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.
4. By Annexure A3 order passed by the Court of Session, the petitioner was directed to surrender within two weeks from
18.11.2025.
5. Annexure A5 common order substantiates that the petitioner got involved in six other crimes and ultimately he was granted an order of pre-arrest bail in all the six crimes. In view of the passing of Annexure A5 order the petitioner is prepared to surrender before the Investigating Officer as directed in Annexure A3 order. Therefore, the petitioner prays that the time period fixed in Annexure A3 order may be extended by a week.
6. On a consideration of the peculiar facts and circumstances of the case, particularly subsequent registration of the crimes, wherein this Court has enlarged the petitioner on bail in all the six crimes, I am of the definite view that the time period fixed in Annexure A3 order is to be enlarged. Thus, in exercise of the inherent powers of this Court under Section 528 of the BNSS, I am inclined to allow the Crl.M.C. Consequently, I allow the Crl.M.C. by extending the time period fixed in Annexure A3 order by a week from today. It would be upto the petitioner to surrender before the Investigating Officer as directed in Annexure A3 order and get himself enlarged on bail. It is made clear that no further enlargement will be granted.
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