Dr K P Hamsakoya vs Union Territory Of Lakshadweep
2022 Latest Caselaw 9316 Ker

Citation : 2022 Latest Caselaw 9316 Ker
Judgement Date : 10 August, 2022

Kerala High Court

Dr K P Hamsakoya vs Union Territory Of Lakshadweep on 10 August, 2022

             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. 1464 OF 2022
          Crime No.12 of 2021 of Minicoy Police Station, Union

                      Territory of Lakshadweep


PETITIONER/ACCUSED:

            DR K P HAMSAKOYA
            AGED 61 YEARS, S/O.MOHAMMED KOYA KAKKAILLAM (LATE)
            CHIEF MEDICAL OFFICER (NFSG), AND MEDICAL OFFICER IN
            CHARGE, GOVERNMENT HOSPITAL, MINICOY ISLAND, UNION
            TERRITORY OF LAKSHADWEEP-682 559 (PRESENTLY UNDER
            SUSPENSION AND ASSIGNED HEAD QUARTERS AT KAVARATTI),
            PERMANENTLY RESIDING AT KUNHIPAPPADA HOUSE, KALPENI
            ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 557.
            BY ADVS.
            AJIT G ANJARLEKAR
            G.P.SHINOD
            GOVIND PADMANAABHAN
            ATUL MATHEWS


RESPONDENTS/COMPLAINANT STATE AND DEFACTO COMPLAINANT:

    1       UNION TERRITORY OF LAKSHADWEEP
            REPRESENTED BY ITS ADMINISTRATOR , KAVARATHI,
            LAKSHADWEEP -682 555.


    2       THE STATION HOUSE OFFICER, MINICOY POLICE STATION,
            MINICOY ISLAND,
            UNION TERRITORY OF LAKSHADWEEP - 682 559.
            BY ADVS.
            SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION




        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.1464 of 2022                             2




                                VIJU ABRAHAM, J.
                .................................................................
                               B.A.No. 1464 of 2022
                .................................................................
                 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.12 of 2021 of

Minicoy Police Station, Union Territory of Lakshadweep registered

alleging commission of offences punishable under Sections 505 (1) (b),

505 (2) and 500 of the Indian Penal Code and Section 66 (A) (b) of the

Information Technology Act, 2000.

3. The case of the prosecution is that the petitioner posted

defamatory articles in facebook against officers of the Administration of

Lakshadweep whereby a negative effect was caused amongst the public

against the Administration and and thus committed the abovesaid

offences.

4. Petitioner submits that he has been falsely implicated in the

abovesaid crime and even offence punishable under Section 66 (A) (b) of

the Information Technology Act, 2000 is also invoked. Petitioner submits

that he is one of the seniormost doctors serving the Lakshadweep

Administration and that he is presently under suspension. He further

submits that the allegations against him are all false. His further submits

that the allegation that he posted defamatory articles in facebook against

officers of the Administration of Lakshadweep whereby a negative effect

was caused amongst the public against the Administration is absolutely

without any basis. Petitioner contended that the offence under Section

500 IPC cannot be registered without a complaint being filed by a person

who has been defamed.

5. Learned Standing Counsel for the Lakshadweep

Administration upon instructions submitted that the offence under Section

66 (A) (b) of the Information Technology Act, 2000 is incorporated by a

mistake and the same has already been deleted. Learned Standing

Counsel further submits that petitioner is accused in another crime, ie.,

Crime No.10 of 2020 of Minicoy Police Station. Learned Standing

Counsel also submits that custodial interrogation of the petitioner is

necessary as the mobile phone used by the petitioner is to be recovered.

To the said contention petitioner submits that he is ready to co-operate

with the investigation and surrender the mobile phone.

6. Considering the facts and circumstances of the case and the

nature of the allegations, I am inclined to grant pre-arrest bail to the

petitioner but on stringent conditions.

Therefore, the bail application is disposed of with the

following directions. The petitioner shall surrender before the

investigating officer on 29.08.2022 and shall co-operate with the

investigation. In the event of arrest of the petitioner in connection with

Crime No.12 of 2021 of Minicoy Police Station, Union Territory of

Lakshadweep, he shall be produced before the jurisdictional Magistrate

and shall be released on bail on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees

fifty thousand only) with two solvent sureties each for the like

sum to the satisfaction of the jurisdictional Court.

(ii) He shall co-operate with the investigation and make himself

available for interrogation whenever required;

(iii) He shall not tamper with any evidence;

(iv) He 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;