Siyad Hameed 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 petitioner is the third accused in Crime No.231/2024 of the Thodupuzha Police Station, Idukki District, registered against the accused (3 in number) for allegedly committing the offence punishable under Section 420 of the Indian Penal Code.

When the bail application came up for consideration on 10.06.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within one week from the date of order and subject himself for interrogation.

Heard; Sri. Siraj Karoly, the learned counsel appearing for the petitioner and Smt. Neema. T.V, the learned Senior Public Prosecutor.

The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 10.06.2024 passed by this Court, the petitioner appeared before the Investigating Officer on 12.06.2024. and his interrogation has been completed. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

In the result, the bail application is allowed by making the interim order dated 10.06.2024 absolute, subject to the following conditions:

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

(ii)The  petitioner  shall  not  directly  or  indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below within ten days from today. If he has no passport, he shall an file affidavit to the effect before the court below 10 days from today;

(v) The petitioner shall not leave India without the permission of the jurisdictional Court;

(vi) 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.

(vii) Applications 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 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].