Accused persons are entitled to pre-arrest bail if they are not likely to abscond or interfere with the investigation.

O R D E R

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 , for an order of pre-arrest bail.

2. The petitioners are the accused Nos. 3 to 5 in Crime No.35/2024 of the Bekal Police Station, Kasaragod registered against the accused (five in number), for allegedly committing the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 read with Section 149 of the Indian Penal Code, 1860. Subsequently, Section 326 of the IPC has been incorporated in the crime.

3. When the bail application came up for consideration on 30.01.2024, 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.M.K.Sumod, the learned counsel appearing for the petitioners and Smt.Neema T.V., the learned Public Prosecutor appearing for the respondents.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 30.01.2024 passed by this Court, the petitioners appeared before the Investigating Officer on 05.02.2024 and their 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 30.01.2024 absolute, subject to the following conditions:

(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;

(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 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 Anr. [2020 (1) KHC

663].