IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
BAIL APPL. NO. 6251 OF 2022
CRIME NO.426/2022 OF Chittar Police Station, Pathanamthitta
PETITIONERS/ACCUSED:
1 VINEESH
AGED 23 YEARS
RAVEENDRAMANGALAM, KULANGARAVALLY, VAYYATTUPUZHA PO,
CHITTAR VILLAGE, KONNI TALUK, PIN-689663
2 SAJEEV
AGED 33 YEARS
S/O SURENDRAN, THEKKUNILKKUNNATHIL, KULANGARAVALLY,
VAYYATTUPUZHA PO, CHITTAR VILLAGE, KONNI TALUK, PIN
-689663
BY ADV SREEDEVI S.
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN-682031
2 STATION HOUSE OFFICER
CHITTAR POLICE STATION, CHITTAR PO, PATHANAMTITTA,
PIN -689663
BY PUBLIC PROSECUTOR SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.6251 of 2022 2
VIJU ABRAHAM, J.
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B.A.No.6251 of 2022
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Dated this the 25th day of August, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioners are accused Nos.1 and 2 in Crime No.426 of 2022 of Chittar Police Station, Pathanamthitta District registered alleging commission of offence punishable under Section 117(e) of the Kerala Police Act, 2011.
3. The prosecution case against petitioners is that on 29/07/2022 at about 09.00 p.m. the petitioners/accused in furtherance of their common intention obstructed the official duties of two police constables near Catholic Church, Meenkuzhi and thus committed the abovesaid offence.
4. Petitioners submit that they have been falsely implicated in the abovesaid crime.The name of the 2nd accused was brought into the said crime by way of an additional report. It is submitted that the petitioners have not wilfully obstructed or physically interfered into the official duty of the police constables.
5. Heard the learned Public Prosecutor. Learned Public Prosecutor upon instructions submitted that the petitioners have no other BA No.6251 of 2022 3 criminal antecedents.
6. Considering the facts and circumstances of the case and the submission of the learned Public Prosecutor that the petitioners have no other criminal antecedents, I feel that the petitioners are entitled for pre- arrest bail but on stringent conditions.
Therefore, the bail application is disposed of with the following directions. The petitioners shall surrender before the investigating officer on 31.08.2022 and make themselves available for interrogation. In the event of arrest of the petitioners in connection with Crime No.426 of 2022 of Chittar Police Station, Pathanamthitta District, they shall be produced before the jurisdictional Magistrate on the same day and shall be released on bail on the following conditions:
(i) The petitioners shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
(ii) They shall co-operate with the investigation and make themselves available for interrogation whenever required;
(iii) They shall not tamper with any evidence;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(v) They shall not involve in any other crime while on bail.
BA No.6251 of 2022 4
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.426 of 2022 of Chittar Police Station, Pathanamthitta District may file an application before 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 cks