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. 6383 OF 2022
PETITIONER/ACCUSED:
SAJI M. MATHEW,AGED 58 YEARS
SAJI M. MATHEW,S/O. MATHEW SIMON
MANNATTU HOUSE, KUTTAPUZHA P.O.,
THIRUVALLA., PIN - 689101
BY ADV S.SANTOSH KUMAR (PERUNAD)
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER, THIRUVALLA POLICE STATION
STATION HOUSE OFFICER, THIRUVALLA, PIN - 689101
OTHER PRESENT:
PP - 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:
B.A. No. 6383 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 6383 of 2022
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Dated this the 25th day of August, 2022
ORDER
Application for anticipatory bail.
2. Petitioner is the sole accused in Crime No.1459 of 2022 of Thiruvalla Police Station, registered alleging commission of offences punishable under Sections 341 and 353 of the IPC.
3. The prosecution allegation is that, on 03.08.2022 at about 10 AM he has wrongfully restrained a staff of Thiruvalla Municipal Council and prevented him from discharging his official duty by forcefully taking the resignation letter of another council member from his possession, thereby the accused committed the above said offences. A crime was registered based on a complaint filed by the Secretary of the Municipality.
4. The petitioner submits that he has been falsely implicated in the above said crime and no B.A. No. 6383 of 2022 3 such incident occurred as alleged by the prosecution and further submits that the petitioner has no other criminal antecedents.
5. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
6. The learned Public Prosecutor opposed the application for bail, mainly contending that the petitioner has forcefully taken away the resignation letter, which was in the possession of the Senior Clerk of the Municipality and thereby obstructed his official duty, but submitted that the petitioner has no other criminal antecedents.
7. Having regard to the facts and circumstances of the case, and nature of the allegations, custodial interrogation may not be required for the investigation of the case; and that he is ready to co-operate with the investigation, I am inclined to grant pre-arrest bail to the petitioner on stringent conditions. The above bail application is allowed with the following directions. The petitioner shall surrender before the investigating B.A. No. 6383 of 2022 4 officer on 31.08.2022 and make himself available for interrogation. In the event of arrest of the petitioner in Crime No.1459 of 2022 of Thiruvalla Police Station, he shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:
(i) The petitioner shall execute a bond for 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) The petitioner shall appear before the investigating officer in Crime No.1459/2022 of Thiruvalla Police Station as and when summoned to do so;
(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;
(iv) The petitioner shall not tamper with any evidence;
(v) The petitioner 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 him from disclosing such facts to the court or to any police officer;B.A. No. 6383 of 2022 5
(vi) 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.1459/2022 of Thiruvalla 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 pm