K.U.Jayaprakash vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the first accused in Crime No.541 of 2022 of Adhur Police Station, Kasaragod District, registered for offences punishable under Section 12(1)(b) of Passport Act 1967.

The prosecution case is that during the period from 01.01.2007 to 01.01.2008 the accused was in possession of 2 passports by providing false address. Thus, the petitioner along with other accused has committed the alleged offence mentioned above.

The learned counsel for the petitioner contended that the prosecution allegations are false and the offences against the petitioner will not lie.

I have considered the rival contentions.

It is seen that this Court had granted an interim order on 12.09.2023 directing the petitioner to surrender before the investigating officer for subjecting himself to interrogation. It was also directed that, on such surrender, the petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

The learned counsel for the petitioner submits that pursuant to the above order, the petitioner had appeared before the Investigating Officer as directed and has been released on bail.

In such circumstances, I am inclined to pass an order making the earlier interim order absolute, subject to the following conditions:

1.The petitioner shall cooperate with the investigation and shall appear as and when directed by the Investigating Officer.

2.The petitioner shall not intimidate or attempt to influence the witnesses, tamper with any evidence, or get involved in similar offences while on bail.

3.The petitioner shall not leave India without permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.