Arun vs State Of Kerala

C.S.Dias, J

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

The petitioner is the third accused in Crime No.141/2024 of the Kundara Police Station, Kollam, registered against the accused ( four in number), for allegedly committing the offences punishable under Sections 294(b), 323, 324 and 308 read with Sec.34 of the Indian Penal Code.

When the bail application came up for consideration on 5.3.2024, 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.

Heard Smt.Saipooja, the learned counsel appearing for the petitioner and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondents.

The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 5.3.2024, the petitioner surrendered before the Investigating Officer on 13.3.2024 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 5.3.2024 absolute, subject to the following conditions:

(i) The petitioner shall co-operate with the investigation and make himself available for interrogation as and when directed by the Investigating Officer ;

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

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

(iv) The petitioner 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 petitioner even while the petitioner is 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].