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Judgment
C. Jayachandran, J
Petitioner is the 5th accused in Crime No.112/2024 of the Angamali Police Station, Ernakulam. The offences alleged are under Sections 13(1)(a) and 13(2) of Prevention of Corruption Act, 1988, and Sections 406, 408, 417, 465, 467, 468, 471 420 and 34 of the Indian Penal Code. The petitioner seeks an order for pre-arrest bail.
When this matter was taken up for consideration today, the learned Additional Director General of Prosecutions would submit that sufficient materials, as against the present petitioner, could not be collected in the investigation conducted so far, wherefore this application for pre-arrest bail is not opposed.
In the circumstances, this bail application is allowed, subject to the following conditions:
(i) The petitioner is directed to surrender before the Investigating Officer within 10 days from today.
(ii) In the event of the petitioner’s arrest, the Investigating Officer shall release the petitioner on bail, upon executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount each.
(iii) The petitioner shall appear before the Investigating Officer for interrogation, as and when directed by the Investigating Officer.
(iv) The petitioner shall fully co-operate with the investigation and shall produce his bank accounts details and such other information as required by the Investigating Officer.
(v) The petitioner shall not directly or indirectly make any inducement, threat or promise 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;
(vi) The petitioner shall surrender his passport before the jurisdictional court concerned within a period of one week from the date of his release on bail. If he has no passport, he shall file an affidavit to that effect before said court within the said period;
(vii)The petitioner shall not get involved in any other offence while on bail;
(viii) In case of violation of any of the conditions mentioned 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.
(ix) Applications for deletion/modification of the bail conditions shall also be filed before the court below.
(x) 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].
(xi) The observations made in this order are only for the purpose of considering the application and the same shall not be construed as an expression on the merits of the case to be decided by the competent Court.