Dr.Sumod.P.Mathew vs State Of Kerala
2022 Latest Caselaw 9349 Ker

Citation : 2022 Latest Caselaw 9349 Ker
Judgement Date : 10 August, 2022

Kerala High Court

Dr.Sumod.P.Mathew vs State Of Kerala 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. 2590 OF 2022
CRIME NO.205/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED :

          DR.SUMOD.P.MATHEW
          AGED 47 YEARS
          S/O MATHEW, PARAMBATH HOUSE, MUTTUMAN P.O.,
          KOZHANCHERRY, PATHANAMTHITTA, PIN - 689548
          BY ADV GIGIMON ISSAC

RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA,
          PIN - 682031
          BY PUBLIC PROSECUTOR SMT.NIMA JACOB
    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.2590 of 2022               :2:




                       VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                      B.A. No.2590 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.205/2022 of

Koippram Police Station alleging commission of offences

punishable under Sections 379 and 447 of Indian Penal Code.

3. The prosecution allegation is that, the petitioner has

committed theft of a shutter lock from the room shutter during day

time.

4. The learned counsel for the petitioner submitted that he

has been falsely implicated in the above said crime and that the

petitioner is a doctor by profession doing dental practice. It is the

case of the petitioner that he has purchased certain extent of land

and constructed a residential house in which item No.2 of the sale

deed bearing No.1350/2010 is kept as a road for ingress and egress

to the house of the petitioner. Two commercial buildings have

been constructed by the person, from whom the petitioner has

purchased the land, on both sides of the item No.2 property and

that there was always obstructions to the user of the road by the

owners of the shop room and that the petitioner has filed a suit and

obtained a decree whereby injunction was granted against making

obstruction by parking vehicles in item No.2 property. It is only to

wreck vengeance against the petitioner that the present

complainant has been filed.

5. The learned Public Prosecutor upon instructions submitted

that the allegation is that the petitioner has broken the lock and

caused theft of the same, as per the complaint which was

registered based on a complaint filed before the jurisdictional

magistrate and referred to the police for investigation. 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 subject to stringent conditions. In the result,

this application is allowed. It is directed that the petitioner shall be

released on bail, in the event of arrest in Crime No.205/2022 of

Koippram Police Station 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.205/2022 of Koippram 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.205/2022 of Koippram Police

Station;