Investigation conditions modified with direction to join inquiry and interim protection from arrest on appearance.

Conditions governing the investigation were sought to be modified so the petitioners could be interrogated and the restraint on further investigative steps removed. The Court found the request to filing of the challan premature because the investigation remained incomplete, and held that no adverse presumption could yet be drawn that the petitioners would not cooperate. Relying on the assurance that arrest was not proposed at that stage, the Court directed the petitioners to join the investigation and recorded that they would not be arrested when they appeared for that purpose. Relief was granted only to that limited extent.

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Issues: Whether the conditions imposed on the investigation were liable to be modified to permit interrogation of the petitioners and to remove the restraint on further investigative steps.

Analysis: The relief sought was limited to modification of the earlier conditions governing investigation. The Court held that the prayer to prevent filing of the challan was premature because investigation was still incomplete. It also found that, at the present stage, no presumption could be drawn that the petitioners would not cooperate. In view of the assurance already given that there was no proposal to arrest the petitioners at that stage, the Court directed them to join the investigation and recorded that they would not be arrested when they appeared for that purpose.

Conclusion: The application was allowed only to the extent of directing the petitioners to join the investigation and granting protection from arrest when they appeared for that purpose.

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