CourtKutchehry.com
High CourtsSingle Bench(2023) 12 KL CK 0243

Nandakumar vs State Of Kerala

High Court Of Kerala · Decided on 26 December 2023

HON’BLE JUDGES
P.G. Ajithkumar, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10497 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 337 words

P.G. Ajithkumar, J

1.

In this bail application filed, purportedly, invoking the provisions of Section 438 of the Code of Criminal Procedure, 1973, the petitioner practically seeks extension of time granted to him to surrender before the Investigating Officer in Crime No. 89 of 2021 of Excise Range Officer, Chittoor, Palakkad District. A similar petition was filed by the petitioner before the Sessions Court, Palakkad as Crl.M.P.No.2054 of 2023 in Crl.M.C.No.1528 of 2021. The said petition was dismissed as per order dated 20.06.2023. In the said order, the Sessions Court observed that since the petitioner did not comply with the direction issued by that court without any reasonable ground, he was not entitled to the protection as per the order on Crl.M.C.No.1528 of 2021 dated 08.07.2021. Further observation is that the Investigating Officer will be at liberty to arrest the accused and to complete the investigation, and to file the final report.

2.

Apprehending arrest consequent to the said direction, the petitioner has filed the present petition.

3.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4.

The Sessions Court as per the order dated 08.07.2021, found that the detention of the petitioner, pending investigation was unnecessary. Finding so, the petitioner was directed to surrender before the Investigating Officer within ten days from the date of that judgment. The petitioner, however, has violated that condition and thereby failed to comply with the direction of the learned Sessions Judge.

5.

Having found that the detention of the petitioner was unnecessary during investigation, it is only appropriate to afford another opportunity to the petitioner to surrender before the Investigating officer. It is seen from Annexure A2 that his mother is a kidney patient undergoing dialysis regularly. For that reason, the petitioner is entitled to have leniency in the matter.

In the circumstances, this bail application is disposed of directing the petitioner to appear before the Investigating Officer within ten days from today and on his surrender, conditions in Annexure A1 order will come into force.