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Judgment
15 paragraphs · 380 wordsC.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 petitioner is the first accused in Crime No.322/2020 of Adhur Police Station, Kasaragod, registered against the accused (three in number), for allegedly committing the offences punishable under Sections 406 & 420 of the Indian Penal Code,1860.
When the bail application came up for consideration on 02.03.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within two days from the date of order and subject herself to interrogation.
Heard Sri.G.Gopan Nair, the learned counsel appearing for the petitioner and Smt.Seetha S, the learned Public Prosecutor appearing for the respondent.
The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 20.03.2024 passed by this Court, the petitioner appeared before the Investigating Officer on 26.03.2024 and her interrogation has been completed.
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 20.03.2024 absolute, subject to the following conditions:
(i) The petitioner shall co-operate with the investigation and make herself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;
(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 she is 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 Anr. [2020 (1) KHC 663].