Interim pre-arrest bail made absolute where accused cooperate with investigation and custodial interrogation is unnecessary.

Seven petitioners, all accused in FIR No. 161(8)2023 TBL PS, filed applications for anticipatory bail.

The FIR alleged offenses under Sections 448 (house-trespass), 427 (mischief), 380 (theft), 325 (grievous hurt), 384 (extortion), and 34 (common intention) of the IPC.

On 20-10-2023 and 25-10-2023, the High Court granted interim pre-arrest bail to the petitioners subject to conditions of cooperation and furnishing bail bonds.

The State subsequently submitted a report from the Thoubal Police Station dated 16-05-2026 confirming that the accused had joined the investigation and their statements were recorded.

1. Whether the interim pre-arrest bail granted to the petitioners should be made absolute based on their cooperation with the investigation and the lack of necessity for custodial interrogation.

The Court primarily applied the principles governing the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC), focusing on whether the accused are cooperating with the investigation and whether custodial interrogation is indispensable for the probe.

The court relied on the Investigating Officer's (IO) report to determine if the petitioners fulfilled the conditions of the interim bail orders previously granted.

The Court examined the updated status report submitted by the Officer In-charge of the Thoubal Police Station which explicitly stated that all seven petitioners appeared before the IO on 23-11-2023, participated in interrogations, and had their statements recorded.

The prosecution, represented by the Public Prosecutor, conceded that the petitioners were fully cooperating with the investigation and that the police did not require custodial interrogation to proceed with the case.

Because the primary objectives of the investigation involving the accused were being met without the need for detention, the Court reasoned that the interim protection should be finalized.

The High Court made absolute the interim orders dated 20-10-2023 and 25-10-2023, thereby disposing of AB No. 39 of 2023 and AB No. 40 of 2023, and closed the connected miscellaneous cases.