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Judgment
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 accused in Crime No.349/2024 of the Kottakkal Police Station, Malappuram registered against the accused for allegedly committing the offence punishable under Section 379 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
Heard; Sri.Irfan Ziraj, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.
When the bail application came up for consideration on 22.03.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself for interrogation.
The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 22.03.2024 passed by this Court, the petitioner has subjected himself to interrogation on 25.03.2024. The petitioner's 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, 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 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) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect;
(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].