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2024 Supreme(Online)(KER) 27319

HIGH COURT OF KERALA
C.S. DIAS, J
RAJEEV NAMBIAR, – Appellant
Versus
STATE OF KERALA, – Respondent
Bail Appl. 976/2022



Headnote:

Fact of the Case:

The petitioners were accused of committing offenses under Sections 406 and 420 read with 34 of the Indian Penal Code. They filed a bail application under Section 438 of the Code of Criminal Procedure, 1973.

Finding of the Court:

The court directed the petitioners to surrender before the Investigating Officer within seven days from the date of order and subject themselves for interrogation.

Final Decision: The court made the interim order absolute, subject to certain conditions, including cooperation with the investigation, non-intimidation of witnesses, and non-involvement in any other offense while on bail.

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 accused Nos.1 to 3 in Crime No.35 of 2021 of Erumapetty Police Station, Thrissur, registered against them for allegedly committing the offences punishable under Sections 406, 420 read with 34 of the Indian Penal Code.

3. When the bail application came up for consideration on 25.01.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within seven days from the date of order and subject themselves for interrogation.

4. Heard; Sri. K. Rakesh, the learned counsel appearing for the petitioners and Smt. Neema T.V., the learned Senior Public Prosecutor appearing for the respondent.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the above order passed by this Court, the petitioners surrendered before the Investigating Officer on 29.01.2024 and have subjected themselves to interrogation. The petitioners’ 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 25.01.2024 absolute, subject to the following conditions:

(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;

(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;

(iii) The petitioners shall not get involved in any other offence while on bail.

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

(v) 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.

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

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