HIGH COURT OF KERALA

Dennis Joseph vs State Of Kerala

Bail Application No 2084 of 2024 On 11 April 2024

Hon'ble Judges: C.S.Dias

Case Type: Bail Application

Final Decision: 

Advocates: C.R.Syamkumar, Sooraj T.Elenjickal, Helen P.A., Stephanie Sharon, Athul Roy, Seetha S

Citations: 
2024 0 CJ(Ker) 510

ACTS REFERRED: 
Indian Penal Code, 1860, Section 353
Indian Penal Code, 1860, Section 326
Code of Criminal Procedure, 1973, Section 438

(A) Code of Criminal Procedure, 1973, Section 438 - Direction for grant of bail to person apprehending arrest(B) Indian Penal Code, 1860, Section 326, Section 353 - Voluntarily causing ievous hurt by dangerous weapons or means - Assault or criminal force to deter public servant from discharge of his duty font-size: 16px;" > The application is filed under Section 438 of the Code of Criminal Procedure, for an order of pre-arrest bail. The petitioner is the 28th accused in Crime No.1374/2023 of the Cantonment Police Station, Thiruvananthapuram, registered against the accused, for allegedly committing the predicate offences punishable under Sections 353 and 326 of the Indian Penal Code. When the bail application came up for consideration on 22024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself to interrogation. Heard;

Judgement Text

1. The application is filed under Section 438 of the Code of Criminal Procedure, for an order of pre-arrest bail.

2. The petitioner is the 28th accused in Crime No.1374/2023 of the Cantonment Police Station, Thiruvananthapuram, registered against the accused, for allegedly committing the predicate offences punishable under Sections 353 and 326 of the Indian Penal Code.

3. When the bail application came up for consideration on 22.3.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself to interrogation.

4. Heard; Sri.Syam Kumar C.R, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 22.3.2024, the petitioner surrendered before the Investigating Officer and his interrogation has been 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 22.3.2024 absolute, subject to the following conditions:

(i) The petitioner shall co-operate with the investigation and make himself available for