2024/KER/47067 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. 4213 OF 2024 CRIME NO.474/2024 OF THALIPARAMBA POLICE STATION, KANNUR PETITIONER/ACCUSED:

K.P. RAJEEVAN, AGED 58 YEARS S/O. NARAYANAN, NORTH BLOCK OFFICE, KARIMBAM, KANNUR., PIN - 670142 BY ADVS.

K.N.ABHILASH SUNIL NAIR PALAKKAT RESPONDENTS/STATE/DEFACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 STATION HOUSE OFFICER, THALIPARAMBA POLICE STATION, KANNUR DISTRICT-, PIN - 670141

3 MOIDU K.P, S/O ABDU, THASHARIDHA,PUTHIYA ROAD, PALARIVATTOM, ERNAKULAM DISTRICT. IS IMPLEADED AS THE ADDITINAL R3 AS PER ORDER DATED 27.05.2024.

BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R.

K.S.KIRAN KRISHNAN NOURIN S. FATHIMA OTHER PRESENT:

SR PP 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 petitioner is the sole accused in Crime No.474/2024 of the Thaliparamba Police Station, Kannur, which is registered against him, for allegedly committing the offences punishable under Sections

406, 420 and 506 of the Indian Penal Code.

3. When the bail application came up for consideration on 13.06.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within one week from the date of order and subject himself for interrogation.

4. Heard; Sri.K.N.Abhilash, the learned counsel appearing for the petitioner, Smt.Seetha S., the learned Public Prosecutor and Sri.S.Rajeev, the learned counsel appearing for the intervenor.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 13.06.2024 passed by this Court, the petitioner appeared before the Investigating Officer on 19.06.2024 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 13.06.2024 absolute, subject to the following conditions:

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

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

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

(v) The 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 petitioner even while the 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 mtk/28.06.2024