Salin D vs State Of Kerala
2022 Latest Caselaw 9318 Ker

          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. 5997 OF 2022
    Crime No. 778/2022 of Nedumkandom Police Station
AGAINST THE ORDER/JUDGMENT IN CRMC 659/2022 OF DISTRICT COURT
                 & SESSIONS COURT,THODUPUZHA
PETITIONER/S:

          SALIN D
          AGED 57 YEARS
          S/O DIVAKARAN, KOKKAPPALLIL HOUSE, KALLAR P O,
          THOOKUPALAM, PIN - 685552
          BY ADV S.SACHITHANANDA PAI

RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
          BY ADV PUBLIC PROSECUTOR smt.SEETHA S.


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.5997 of 2022             :2:




                        VIJU ABRAHAM, J.
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                       B.A. No.5997 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. 778/2022 of

Nedumkandom Police Station alleging commission of offences

punishable under Sections 353 and 332 of the Indian Penal Code.

3. The prosecution allegation is that, on 14.07.2022 at about

4.45 PM, when the defacto complainant (Taluk Surveyor) reached at

the place of occurrence for measurement of the property in suruey

No.134/4-5 of block No.51 of Parathode village, Udumbanchola

taluk, the petitioner obstructed him and assaulted by hand, thereby

obstructed the defacto complainant from discharging his official

duty and thus committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime. It is

the case of the petitioner that he owed some money to one

Mr.Muraleedharan who is a known money lender and on the date of

alleged occurrence, he along with the defacto complainant came to

the property of the petitioner and the petitioner was informed that

the property is going to be measured and the petitioner objected

the same as no prior notice has been served on him. In fact the said

Muraleedharan, the defacto complainant and others physically

attacked the petitioner and his wife and the petitioner suffered

injuries in the alleged incident. To substantiate the same, the

petitioner has produced annexure A2 and A3 treatment records

issued by the Taluk Hospital, Nedumkandom and further submitted

that a crime was registered in this regard as per Annexure A4 FIR.

5. The learned Public Prosecutor opposed the bail application

mainly contending that the official duty of the Taluk Surveyor was

obstructed and he was manhandled. 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 on stringent conditions. In the result, this

application is allowed. It is directed that the petitioner shall

surrender before the investigating officer on 19.08.2022, at 11 am,

and subject himself for interrogation and in the event of arrest in

Crime No.778/2022 of Nedumkandom Police Station, he shall be

produced before the jurisdictional magistrate on the same day and

shall be released on bail 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. 778/2022 of Nedumkandom

Police 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. 778/2022 of Nedumkandom 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. 778/2022 of Nedumkandom 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/