Pre-arrest bail can be granted with conditions to ensure cooperation with the investigation and prevent evidence tampering.

O R D E R

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 presently said to be the third accused ( formerly the fourth accused) in Crime No.973/2024 of the Kayamkulam Police Station, Alappuzha, which is registered against three accused persons for allegedly committing the offences punishable under Sec.77 of the Juvenile Justice (Care and Protection of Children) Act , 2015, Sec.118(i) of the Kerala Police Act , 2011 and Secs.6 and 24 of the Cigarettes and Other Tobacco Products Act , 2003.

3. When the bail application came up for consideration on 26.9.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself to interrogation.

4. Heard; Sri.A.K Mayakrishnan, the learned counsel appearing for the petitioner and Smt.M.K Pushpalatha, the learned Public Prosecutor.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 26.9.2024, the petitioner appeared before the Investigating Officer on 30.9.2024. The petitioner’s interrogation has been completed. His further presence is not required. 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 26.09.2024 absolute, subject to the following conditions:

(i) The petitioner shall co-operate with the Investigating Officer and make himself 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 them 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 at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall not leave India without the previous 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 inSushila Aggarwal v. State (NCT of Delhi) and another [ 2020 (1) KHC 663 ].

(ix) This order shall be read in conjunction with the interim order of bail dated 26.09.2024.