IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
BAIL APPL. NO. 5997 OF 2022
Crime No. 778/2022 of Nedumkandom Police Station
AGAINST THE ORDER/JUDGMENT IN CRMC 659/2022 OF DISTRICT COURT
& SESSIONS COURT,THODUPUZHA
PETITIONER/S:
SALIN D
AGED 57 YEARS
S/O DIVAKARAN, KOKKAPPALLIL HOUSE, KALLAR P O,
THOOKUPALAM, PIN - 685552
BY ADV S.SACHITHANANDA PAI
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR smt.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.5997 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.5997 of 2022
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Dated this the 10th day of August, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime No. 778/2022 of Nedumkandom Police Station alleging commission of offences punishable under Sections 353 and 332 of the Indian Penal Code.
3. The prosecution allegation is that, on 14.07.2022 at about 4.45 PM, when the defacto complainant (Taluk Surveyor) reached at the place of occurrence for measurement of the property in suruey No.134/4-5 of block No.51 of Parathode village, Udumbanchola taluk, the petitioner obstructed him and assaulted by hand, thereby obstructed the defacto complainant from discharging his official duty and thus committed the aforesaid offence.
4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is the case of the petitioner that he owed some money to one Mr.Muraleedharan who is a known money lender and on the date of alleged occurrence, he along with the defacto complainant came to the property of the petitioner and the petitioner was informed that B.A. No.5997 of 2022 :3: the property is going to be measured and the petitioner objected the same as no prior notice has been served on him. In fact the said Muraleedharan, the defacto complainant and others physically attacked the petitioner and his wife and the petitioner suffered injuries in the alleged incident. To substantiate the same, the petitioner has produced annexure A2 and A3 treatment records issued by the Taluk Hospital, Nedumkandom and further submitted that a crime was registered in this regard as per Annexure A4 FIR.
5. The learned Public Prosecutor opposed the bail application mainly contending that the official duty of the Taluk Surveyor was obstructed and he was manhandled. It is also submitted that the petitioner has no other criminal antecedents.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner on stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 19.08.2022, at 11 am, and subject himself for interrogation and in the event of arrest in Crime No.778/2022 of Nedumkandom Police Station, he shall be produced before the jurisdictional magistrate on the same day and shall be released on bail subject to the following conditions:- B.A. No.5997 of 2022 :4:
(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) Petitioner shall appear before the investigating officer in Crime No. 778/2022 of Nedumkandom Police Station as and when summoned to do so;
(iii) The petitioner shall not attempt to contact the victim or the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 778/2022 of Nedumkandom Police Station;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 778/2022 of Nedumkandom Police Station may file an application before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on B.A. No.5997 of 2022 :5: the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663) Sd/-
VIJU ABRAHAM JUDGE sm/