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Judgment
15 paragraphs · 408 wordsC.S.Dias, J
This 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 Nos.1 and 2 in Crime No.1396 of 2023, of the Tirur Police Station, Malappuram, registered against the accused (four in number) for allegedly committing the offences punishable under Sections 343, 323, 324 and 308 r/w Section 34 of the Indian Penal Code.
Heard; Sri.Nirmal V.Nair, the learned counsel appearing for the petitioners and Smt.neema T.V., the learned Senior Public Prosecutor.
When this bail application came up for consideration on 06.06.2024, this Court passed an interim order, directing the petitioners to surrender before the Investigating Officer and subject themselves to interrogation.
The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 06.06.2024 passed by this Court, the petitioners have surrendered on 13.06.2024. 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, 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) 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 ten days from today;
(vii) Application 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].