Pre-arrest bail can be granted subject to conditions that ensure the petitioner's cooperation with the investigation, prevent witness intimidation or interference with the investigation, and prohibit involvement in other offenses.

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 petitioner is the fifth accused in crime No.1014/2023 of the Marayamuttom Police Station, Thiruvananthapuram, registered against him, for allegedly committing the offences punishable under Section 379 of the Indian Penal Code, 1860 and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

3. Heard; Sri.Nemom Chandra Babu Ayyappan, the learned counsel appearing for the petitioner and Smt.Neema.T.V, the learned Senior Public Prosecutor appearing for the respondents.

4. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 25.01.2024 passed by this Court, the petitioner appeared before the Investigating Officer on 31.01.2024 and his 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 25.01.2024 absolute, 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 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.

(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.