IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
BAIL APPL. NO. 3502 OF 2022
CRIME NO.654 OF 2022 OF THODUPUZHA POLICE STATION
PETITIONER/ACCUSED:
JAIMON JOSEPH, AGED 48 YEARS,
ELANJICKAL, EZHALLOOR.P.O., THODUPUZHA,
IDUKKI DISTRICT, PIN - 686805
BY ADV O.D.SIVADAS
RESPONDENTS/COMPLAINANT AND STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER,
THODUPUZHA POLICE STATION,
IDUKKI DISTRICT, PIN - 681581
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 3502 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 3502 of 2022
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Dated this the 6th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioner is the accused in Crime No.654 of 2022 of Thodupuzha Police Station, Idukki District registered alleging commission of offences punishable under Sections 3 and 7 of Essential Commodities Act.
3. The prosecution allegation is that the petitioner was found storing 130 litres of diesel in his cattle shed without due licence, etc.
4. It is seen that petitioner is already released on interim bail as per order dated 4.5.2022 by this Court.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
6. Having regard to the facts and circumstances of the case, and considering the nature of the B.A. No. 3502 of 2022 3 allegations against the petitioner, the bail application is allowed with the following directions. The interim bail order passed by this Court on 4.5.2022 is made absolute and the petitioner shall comply with the following conditions also:
(i) Petitioner shall appear before the investigating officer in Crime No.654 of 2022 of Thodupuzha Police Station as and when summoned to do so;
(ii) Petitioner shall co-operate with the investigation and make himself available for interrogation whenever required;
(iii) Petitioner shall not tamper with any evidence;
(iv) 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;
(v) Petitioner shall not involve in any B.A. No. 3502 of 2022 4 other crime while on bail;
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.654/2022 of Thodupuzha Police Station, may file an application before this 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