Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 BAIL APPL. NO. 525 OF 2024 CRIME NO.1253/2023 OF Kollam West Police Station, Kollam PETITIONER/S: ABIN NELSON AGED 26 YEARS S/O.NELSON, RENU BHAVANAM, KODUVILA VILLAGE, EAST KALLADA, KOLLAM, PIN - 691502 BY ADVS. K.SIJU ANJANA KANNATH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER KOLLAM WEST POLICE STATION, KOLLAM DISTRICT, PIN - OTHER PRESENT: Sr PP Smt Neema T.V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.S.DIAS,J ====================== ----------------------------------- Dated this the 29th day of February, 2024
ORDER
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 accused in Crime No.1253/2023
of the Kollam West Police Station, Kollam, registered against him, for allegedly committing the offences punishable under Section 86(1) of the Kerala Prisons and Correctional Services (Management) Act, 2010.
3. When the bail application came up for consideration on 8.2.2024, 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. K.Siju, the learned counsel appearing for the petitioner and Smt. Neema T.V, the learned Public Prosecutor appearing for the respondent.
5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 8.2.2024, the petitioner surrendered before the Investigating Officer on 14.2.2024 and his interrogation has been completed. The
petitioner’s 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 8.2.2024 absolute, subject to the following conditions:
(i) The petitioner shall co-operate with the investigation and make himself available for interrogation as and when directed by the Investigating Officer ;
(ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner; (iii)The petitioner shall not get involved in any other offence while on bail.
(iv) The petitioner 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.
(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 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/- sks/29.2.2024 C.S.DIAS, JUDGE