Vishnu.P 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 stated to be the second accused in Crime No.493/2023 of Kanakakkunnu Police Station, Alappuzha, registered against the accused (six in number), for allegedly committing the offences punishable under Sections 143, 147, 148, 149, 506, 452, 323, 324, 294(b) & 308 read with Section 149 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959.

When the bail application came up for consideration on 26.03.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within five days from the date of order and subject himself to interrogation.

Heard; Sri. M. Anuroop, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor.

The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 26.03.2024 passed by this Court, the petitioner appeared before the Investigating Officer and his 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 26.03.2024 absolute, subject to the following conditions:

(i) The petitioner shall co-operate with the investigation and make himself 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 he 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].