High CourtsSingle Bench

Ashkar K D vs State Of Kerala

High Court Of Kerala · Decided on 1 June 2023 · Citation: (2023) 06 KL CK 0043

HON’BLE JUDGES
P.V.Kunhikrishnan, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 41A
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3339 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 360 words

P.V.Kunhikrishnan, J

1.

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

“The offence alleged against the petitioner include the offence  under  the  provisions  of  SC/ST  PA  Act. Therefore  the  Public  Prosecutor  will  instruct  the investigating officer to issue a notice to the victim in this case informing that the above bail application is posted for final hearing on 21.6.2021. 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 . 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 to summon the petitioner for interrogation after issuing notice under Sec.41A Cr.PC.

3.

This interim order will be in force only till 21.6.2021 Post on 21.6.2021.”

2.

Today  when  this  bail  application  came  up  for consideration, the learned Public Prosecutor submitted that the final report is already submitted before the jurisdictional Court.

If that be so, this bail application can be disposed of making the interim        order dated 07.05.2021           absolute and allowing the petitioner to surrender before the jurisdictional Court on getting summons.

Therefore, this bail application is disposed of making the interim order dated 07.05.2021 absolute and allowing the petitioner to surrender before the jurisdictional Court on getting summons.