Anticipatory bail can be granted to individuals with no criminal record when they are willing to cooperate with investigations, despite serious allegations.

ORDER

Application for anticipatory bail.

2. The petitioners are accused in Crime No.1103 of 2022 of Central Police Station, Kochi City registered alleging commission of offences punishable under Sections 353 and 34 of IPC and Section 184 of the Motor Vehicles Act .

3. The prosecution allegation is that, while the defacto complainant was on patrolling duty, the accused pushed the police man and left the place at high speed.

4. The petitioners submit that they have been now served with a notice under Section 41A of Cr.P.C as evident from Annexures-1 & 2. Petitioners submit that they are ready and willing to co-operate with the investigation and they apprehend arrest in connection with the alleged crime.

5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

6. The learned Public Prosecutor upon instructions submitted that while the police officials was on patrol duty the vehicle in which the petitioners were travelling was asked to stop and the police officials while talking to the 1st accused, the 1st accused pushed the defacto complainant and took away the car at high speed, and thus they have obstructed the official duty of the police officials. The learned Public Prosecutor further submitted that the petitioners have no other criminal antecedents.

Having regard to the facts and circumstances of the case, and nature of the allegations, and taking into consideration the petitioners are students and that they have no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioners, but on stringent conditions. The above bail application is allowed with the following directions. The petitioners shall surrender before the investigating officer on 16.11.2022 and make themselves available for interrogation on that day or on any other day/days and time as directed by the investigating officer. The petitioners shall co- operate with the investigation. In the event of arrest of the petitioners in Crime No.1103 of 2022 of Central Police Station, they shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:

(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioners shall appear before the investigating officer in Crime No.1103/2022 of Central Police Station on every Saturday at 11.00 am, until filing of final report;

(iii) The petitioners shall co-operate with the investigation and make themselves available for interrogation whenever so required;

(iv) The petitioners shall not tamper with any evidence;

(v) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted them from disclosing such facts to the court or to any police officer;

(vi) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.1103/2022 of Central Police Station, may file an application before the jurisdictional court for cancellation of bail.

It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioners even when the petitioners are on bail as per the judgment of the Apex Court inSushila Aggarwal and others v. State (NCT of Delhi) and another ( 2020 (1) KHC 663 ).