Judgment · High Court
Case at a glance
Outcome
Disposed of
Resultantly, the bail application is disposed of by
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 s. 286
- Explosives Substances Act, 1908 ss. 3(a), 4
Key paragraphs
- Para 55. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 22.02.2024, the petitioners surrendered before the Investigating Officer and his interrogation has been completed. The petitioners further presence is not required. Hence, the interim order can be made absolute, subject to…
Judgment
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 THE STATION HOUSE OFFICER , KONDOTTY POLICE STATION,MALAPPURAM DISTRICT, PIN - 673638 pp smt nima jacob THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 896 OF 2024 2
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.
The petitioners are 2nd and 3rd accused in Crime No.1423/2023 of the Kondotty Police Station, Malappuram, registered against him, for allegedly committing the offences punishable under Section 286 of the Indian Penal Code and Section 3(a) read with Section 4 of the Explosives Substances Act, 1908.
When the bail application came up for consideration on 22.02.2024, 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 himself to interrogation.
Heard; Sri. Babu .S. Nair, the learned counsel appearing for the petitioner and Smt. Nima Jacob, the learned Public Prosecutor appearing for the respondent. BAIL APPL. NO. 896 OF 2024 3
Operative part
The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 22.02.2024, the petitioners surrendered before the Investigating Officer and his interrogation has been completed. 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 22.02.2024 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 BAIL APPL. NO. 896 OF 2024 4 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.
(vii) 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 petitioners even while the petitioners are 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
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Resultantly, the bail application is disposed of by
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — s. 286; Explosives Substances Act, 1908 — ss. 3(a), 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.