IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 28^TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946 BAIL APPL. NO. 3502 OF 2024 CRIME NO.517/2024 OF KODUNGALLUR POLICE STATION, THRISSUR PETITIONER/ACCSUED:

1 ARUN KRISHNA P A AGED 18 YEARS S/O AJITHKUMAR, PUNNAKKATHARA HOUSE, PANANGAD P.O. , THRISSUR, PIN - 680665

2 DHUNNURAIN K A AGED 18 YEARS S/O ANSAR, KOLLATTU (H), PATHAZHAKKAD P.O, THRISSUR, PIN - 680668 BY ADVS.

ATHUL TOM MANASI MURALIDHARAN RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 SR.PUBLIC PROSECTOR SMT. SEETHA S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Dated this the 28^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 first petitioner is the 3rd accused in Crime No.517/2024 of the Kodungallur Police Station, Thrissur, for allegedly committing the offences punishable under Sections 341, 323, 324 and 308 r/w Section 148 of the Indian Penal Code, 1860.

3. When the bail application came up for consideration on 20.6.2024, this Court passed an interim order, by directing the first petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself to interrogation.

4. Heard; Sri.Athul Tom, the learned counsel appearing for the first petitioner and Smt.Seetha S, the learned Senior Public Prosecutor.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 20.6.2024 passed by this Court, the first petitioner appeared before the Investigating Officer on 23.6.2024 and his 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 20.06.2024 absolute, subject to the following conditions:

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

(ii)The first petitioner 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 first petitioner shall not commit any offence while he is on bail;

(iv) The first petitioner shall surrender his passport, if any, before the court below within ten days from today. If he has no passport, he shall file affidavits to the effect before the court below within 10 days from today;

(v) The first petitioner 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 first petitioner even while the first 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].

Sd/-

C.S.DIAS,JUDGE rmm/28/6/2024