C.S.Dias, J
1. The application is filed under Section 438 of the Code of Criminal Procedure, for an order of pre-arrest bail.
2. The petitioners are the accused Nos. 1 to 6 in Crime No.221/2024 of the Koratty Police Station, Thrissur, registered against them, for allegedly committing the offences punishable under Sections 447, 341, 323, 324 and 308 read with Sec. 149 of the Indian Penal Code.
3. When the bail application came up for consideration on 11.4.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within seven days from the date of order and subject themselves to interrogation.
4. Heard Sri.P.K Varghese, the learned counsel appearing for the petitioners and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondent.
5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 11.4.2024, the petitioners surrendered before the Investigating Officer and their interrogation has been completed. 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 by making the interim order dated 11.4.2024 absolute, subject to the following conditions:
(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation as and when directed by the Investigating Officer ;
(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 they are 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) 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 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].
