Kappanayil Sainudheen, v. State of Kerala

What is this about?

In a batch of 168 bail applications concerning offences under Sections 406, 409, and 420 of the Indian Penal Code and the Black Money Act, 2015 (relating to deposit-taking schemes), two categories were treated differently. First Group: In cases where interim orders previously directed the petitioners to surrender for interrogation and a letter from the Crime Branch confirmed they appeared, cooperated, and were released, the Court held such interim orders must be made absolute. Bail was granted under conditions including: (i) appearing as directed, (ii) cooperating with the investigation and making documents available, (iii) not intimidating witnesses or tampering with evidence, (iv)Accused Nos. 5-9 surrendering passports or filing affidavits to that effect, (v) furnishing address and mobile numbers, (vi) not leaving India without permission, and (viii) jurisdictional courts empowered to cancel bail on violation. The police retain powers to investigate and effect recoveries. Second Group: In cases where no prior order directed surrender and petitioners had not yet surrendered, the Court held custodial interrogation is not necessary. Anticipatory bail was granted subject to conditions: (i) immediate surrender for interrogation within three weeks, (ii) release on execution of a bond for Rs. 50,000 with two sureties of like sum thereafter, and (iii) adherence to standard conditions regarding report, appearance, cooperation, conduct, passport surrender, and non-departure from India. The bail applications for all cases were allowed accordingly.