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. 2590 OF 2022
CRIME NO.205/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED :
DR.SUMOD.P.MATHEW
AGED 47 YEARS
S/O MATHEW, PARAMBATH HOUSE, MUTTUMAN P.O.,
KOZHANCHERRY, PATHANAMTHITTA, PIN - 689548
BY ADV GIGIMON ISSAC
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
BY PUBLIC PROSECUTOR SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.2590 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.2590 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.205/2022 of Koippram Police Station alleging commission of offences punishable under Sections 379 and 447 of Indian Penal Code.
3. The prosecution allegation is that, the petitioner has committed theft of a shutter lock from the room shutter during day time.
4. The learned counsel for the petitioner submitted that he has been falsely implicated in the above said crime and that the petitioner is a doctor by profession doing dental practice. It is the case of the petitioner that he has purchased certain extent of land and constructed a residential house in which item No.2 of the sale deed bearing No.1350/2010 is kept as a road for ingress and egress to the house of the petitioner. Two commercial buildings have been constructed by the person, from whom the petitioner has purchased the land, on both sides of the item No.2 property and that there was always obstructions to the user of the road by the owners of the shop room and that the petitioner has filed a suit and B.A. No.2590 of 2022 :3: obtained a decree whereby injunction was granted against making obstruction by parking vehicles in item No.2 property. It is only to wreck vengeance against the petitioner that the present complainant has been filed.
5. The learned Public Prosecutor upon instructions submitted that the allegation is that the petitioner has broken the lock and caused theft of the same, as per the complaint which was registered based on a complaint filed before the jurisdictional magistrate and referred to the police for investigation. 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 subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in Crime No.205/2022 of Koippram Police Station subject to the following conditions:-
(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.205/2022 of Koippram Police B.A. No.2590 of 2022 :4: 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.205/2022 of Koippram 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.205/2022 of Koippram 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 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/