High CourtsSingle Bench

Sumeesh Shaji vs State Of Kerala

High Court Of Kerala · Decided on 9 June 2023 · Citation: (2023) 06 KL CK 0118

HON’BLE JUDGES
P.V.Kunhikrishnan, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 41A · Indian Penal Code, 1860 — Section 34, 420
RESULT
Allowed
CASE NUMBER
Bail Application No. 6847 Of 2021
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Judgment

10 paragraphs · 307 words

P.V.Kunhikrishnan, J

1.

The petitioner is the accused in crime No. 1009/2021 of Thodupuzha Police Station. The above case is registered against the petitioner alleging offences punishable under Section 420 r/w 34 IPC.

2.

When this bail application came up for consideration, the learned Public Prosecutor submitted that the petitioner appeared before the investigating officer when notice under Sec.41A Cr.P.C. was issued and he was interrogated. Further custodial interrogation of the petitioner is not necessary is the submission. If that is the case, this bail application can be disposed of directing the petitioner to surrender before the investigating officer and execute a bond.

Therefore, this bail application is allowed with following conditions :

1.

Petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation;

2.

After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

3.

Petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

4.

Petitioner shall not leave India without permission of the jurisdictional Court;

5.

Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

6.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.