Vineesh vs State Of Kerala
2022 Latest Caselaw 9509 Ker

              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. 6251 OF 2022
  CRIME NO.426/2022 OF Chittar Police Station, Pathanamthitta
PETITIONERS/ACCUSED:

    1       VINEESH
            AGED 23 YEARS
            RAVEENDRAMANGALAM, KULANGARAVALLY, VAYYATTUPUZHA PO,
            CHITTAR VILLAGE, KONNI TALUK, PIN-689663


    2       SAJEEV
            AGED 33 YEARS
            S/O SURENDRAN, THEKKUNILKKUNNATHIL, KULANGARAVALLY,
            VAYYATTUPUZHA PO, CHITTAR VILLAGE, KONNI TALUK, PIN
            -689663


            BY ADV SREEDEVI S.


RESPONDENT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, PIN-682031


    2       STATION HOUSE OFFICER
            CHITTAR POLICE STATION, CHITTAR PO, PATHANAMTITTA,
            PIN -689663
            BY    PUBLIC PROSECUTOR 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:
 BA No.6251 of 2022                              2




                                 VIJU ABRAHAM, J.
                 .................................................................
                                 B.A.No.6251 of 2022
                 .................................................................
                   Dated this the 25th day of August, 2022

                                          ORDER

This is an application for anticipatory bail.

2. Petitioners are accused Nos.1 and 2 in Crime No.426 of

2022 of Chittar Police Station, Pathanamthitta District registered alleging

commission of offence punishable under Section 117(e) of the Kerala

Police Act, 2011.

3. The prosecution case against petitioners is that on

29/07/2022 at about 09.00 p.m. the petitioners/accused in furtherance of

their common intention obstructed the official duties of two police

constables near Catholic Church, Meenkuzhi and thus committed the

abovesaid offence.

4. Petitioners submit that they have been falsely implicated in

the abovesaid crime.The name of the 2nd accused was brought into the

said crime by way of an additional report. It is submitted that the

petitioners have not wilfully obstructed or physically interfered into the

official duty of the police constables.

5. Heard the learned Public Prosecutor. Learned Public

Prosecutor upon instructions submitted that the petitioners have no other

criminal antecedents.

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

submission of the learned Public Prosecutor that the petitioners have no

other criminal antecedents, I feel that the petitioners are entitled for pre-

arrest bail but on stringent conditions.

Therefore, the bail application is disposed of with the

following directions. The petitioners shall surrender before the

investigating officer on 31.08.2022 and make themselves available for

interrogation. In the event of arrest of the petitioners in connection with

Crime No.426 of 2022 of Chittar Police Station, Pathanamthitta District,

they shall be produced before the jurisdictional Magistrate on the same

day and shall be released on bail on the following conditions:

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

fifty thousand only) each with two solvent sureties each for

the like sum to the satisfaction of the jurisdictional Court.

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

themselves available for interrogation whenever required;

(iii) They shall not tamper with any evidence;

(iv) They 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;

(v) They shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the

Investigating Officer in Crime No.426 of 2022 of Chittar Police Station,

Pathanamthitta District may file an application before 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

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