IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 14^TH DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 BAIL APPL. NO. 3500 OF 2024 CRIME NO.517/2024 OF KODUNGALLUR POLICE STATION, THRISSUR PETITIONERS/ACCUSED NOS.1 AND 2:

1 MOHAMED AFSAL C H AGED 18 YEARS S/O HARRIS C Y, CHANGALLEZHUTH HOUSE, MATHILAKAM P.O., THRISSUR, PIN - 680685

2 HASHIM SAGEER AGED 18 YEARS S/O SAGEER, AMBALATHUVEETIL (H), VALAPPAD P.O., THRISSUR, PIN - 680685 BY ADV ATHUL TOM RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

14.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Dated this the 14^th day of June, 2024

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 1 and 2 in Crime No.517/2024 of the Kodungallur Police Station, Thrissur, registered against them for allegedly committing the offences punishable under Secs.341, 323, 324 and 308 read with Sec.148 of the Indian Penal Code.

3. When the bail application came up for consideration on 28.05.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within one week from the date of order and subject themselves for interrogation.

4. Heard: Sri.Athul Tom, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 28.05.2024 passed by this Court, the petitioners appeared before the Investigating Officer on 10.06.2024 and their interrogation has been completed. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

In the result, the bail application is allowed by making the interim order dated 28.05.2024 absolute, subject to the following conditions:

(i) The petitioners shall co-operate with the Investigating Officer and make themselves available for interrogation as and when directed by the Investigating Officer;

(ii)The petitioners shall not directly or indirectly make any inducement, threat or procure 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;

(iii) The petitioners shall not commit any offence while they are on bail;

(iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond;

(v) The petitioners shall not leave India without the permission of the jurisdictional Court;

(vi) 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.

(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 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 another [2020 (1) KHC 663].

Sd/-

C.S.DIAS,JUDGE mtk/14.06.2024