AYYADURAI v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE C.S.DIAS
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-26. AYYADURAI v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C. S. DIAS TH FRIDAY, THE 26 DAY OF JULY 2024 / 4TH SRAVANA, 1946 BAIL APPL. NO. 5445 OF 2024 CRIME NO. 418/2024 OF MUNNAR POLICE STATION, IDUKKI PETITIONERS/ACCUSED: 1 AYYADURAI AGED 50 YEARS KURUMALA DIVISION, NALLATHANNI ESTATE, MUNNAR, KDH VILLAGE, IDUKKI, PIN - 685612 2 SUMATHI AGED 45 YEARS KURUMALA DIVISION, NALLATHANNI ESTATE, MUNNAR, KDH VILLAGE, IDUKKI, PIN - 685612 3 VASANTHI AGED 45 YEARS KURUMALA DIVISION, NALLATHANNI ESTATE, MUNNAR, KDH VILLAGE, IDUKKI, PIN - 685612 4 PRABHA AGED 46 YEARS KURUMALA DIVISION, NALLATHANNI ESTATE, MUNNAR, KDH VILLAGE, IDUKKI, PIN - 685612 5 PRABHU AGED 45 YEARS KURUMALA DIVISION, NALLATHANNI ESTATE, MUNNAR, KDH VILLAGE, IDUKKI, PIN - 685612 BY ADVS. S. JIJI M. M.
BABY RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SMT NEEMA T V SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26. 07. 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B. A. No. 5445 of 2024 -:2:- th Dated this the 26 day of July, 2024 O R D E R The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail. 2. The petitioners are accused in Crime No. 418/2024 of the Munnar Police Station, Idukki, which is registered against the accused for allegedly committing the offences punishable under Sections 143, 144, 147, 148, 294(b), 323, 324 and 452 r/w Section 149 of the Indian Penal Code, 1860(in short, ‘IPC’). 3. When the bail application came up for consideration on 11. 07. 2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within one week from B. A. No.
5445 of 2024 -:3:-the date of order and subject themselves for interrogation. 4. Heard; Smt. S. Jiji, the learned counsel appearing for the petitioners and Smt. Neema T. V. , the learned Senior Public Prosecutor. 5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 11. 07. 2024 passed by this Court, the petitioners appeared before the Investigating Officer on 15. 07. 2024 and their interrogation has been completed. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded. In the result, the bail application is allowed by making the interim order dated 11. 07. 2024 absolute, subject to the following conditions: (i) The petitioners shall co-operate with the Investigating Officer and make themselves available for interrogation as and when directed by the Investigating Officer; B. A. No.
5445 of 2024 -:4:- (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall surrender their passports, if any, before the court below within ten days from today. If they have no passports, they shall file affidavits to the effect before the court below within 10 days from today; (v) The petitioners shall not leave India without the permission of the jurisdictional Court; (vi) 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. B. A. No.
5445 of 2024 -:5:- (vii) Applications for deletion/modification of the bail conditions shall also be filed before the court below. (viii) 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 the petitioners even while the petitioners are 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]. Sd/- C. S. DIAS,JUDGE mtk/26. 07. 2024
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.