Custodial interrogation is unnecessary if the accused is not in a managerial role relevant to the alleged offences.

ORDER

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita .

2. Petitioner is the accused in Crime No.478/2024 of Kuruppampady Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 406, 409 and 420 read with Section 34 of the Indian Penal Code.

3. When the bail application came up for consideration on 08.11.2024, this Court passed the following order:

“The application is filed under Section

482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for an order of pre-arrest bail.

2. The petitioner is the fifth accused in Crime No.478/2024 of the Kuruppanpadi Police Station, Ernakulam, which is registered against the accused for allegedly committing the offences punishable under Sections 406, 409 & 420 read with Section 34 of the Indian Penal Code. 3. Heard; Sri. Jai George, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Senior Public Prosecutor.

4. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly on considering the fact that the petitioner is only the Chief Accountant of M/s. Nedumparambil Credit Syndicate, Thiruvalla, and that he was not in charge of the administration and management of the said company, I am of the view that the petitioner’s custodial interrogation is not necessary. Hence, I am inclined to pass an interim order, but subject to the condition that the petitioner co-operates with the Investigating Officer.

In the result, the petitioner is directed to surrender before the Investigating Officer within one week from today, for subjecting himself to interrogation. The Investigating Officer would be at liberty to interrogate the petitioner for a period of two days, between 10 a.m and 5 p.m, within one week from the date of surrender. If during the course of interrogation, the Investigating Officer arrests the petitioner, he shall release the petitioner on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer. This order shall remain in force for a period of three weeks.

Post on 22.11.2024.”

5. It is submitted that based on the above direction, the petitioner surrendered before the Investigating Officer and the Investigating Officer interrogated the petitioner.

If that is the case, the interim order can be made absolute.

In the result, this Bail Application is allowed by making the interim order dated 08.11.2024 as absolute, subject to the following further conditions:

1. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co- operate with the investigation and 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.

2. Petitioner shall not leave India without permission of the jurisdictional Court.

3. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

4. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated.