Abdul Raheem vs State Of Kerala

C.S.Dias, J

The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

The petitioners are the accused 1 and 2 in Crime No.35/2024 of the Vidyanagar Police Station, Kasargod, registered against them, for allegedly committing the offences punishable under Sections 353, 225, and 225(B) read with Sec.34 of the Indian Penal Code.

When the bail application came up for consideration on 31.1.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within  seven  days  from  the  date  of  order  and  subject themselves to interrogation.

Heard; Sri. Rahul Sasi, the learned counsel appearing for the petitioners and Sri.C.S Hrithwik, the learned Senior Public Prosecutor appearing for the respondents.

The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 31.1.2024, the petitioners surrendered before the Investigating Officer on 1.2.2024 and their interrogation has been completed. The petitioners’ 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 31.1.2024 absolute, subject to the following conditions:

(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose  of  investigation  as  and  when  the  Investigating Officer directs;

(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;

(iii)The petitioners shall not get involved in any other offence while on bail.

(iv) The petitioners shall not leave India without the permission of the jurisdictional Court;

(v) 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.

(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.

(vii) 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].