Saji M. Mathew vs State Of Kerala
2022 Latest Caselaw 9602 Ker

Citation : 2022 Latest Caselaw 9602 Ker
Judgement Date : 25 August, 2022

Kerala High Court

Saji M. Mathew vs State Of Kerala on 25 August, 2022

                 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. 6383 OF 2022
PETITIONER/ACCUSED:

             SAJI M. MATHEW,AGED 58 YEARS
             SAJI M. MATHEW,S/O. MATHEW SIMON
             MANNATTU HOUSE, KUTTAPUZHA P.O.,
             THIRUVALLA., PIN - 689101

             BY ADV S.SANTOSH KUMAR (PERUNAD)



RESPONDENT/STATE:

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

     2       STATION HOUSE OFFICER, THIRUVALLA POLICE STATION
             STATION HOUSE OFFICER, THIRUVALLA, PIN - 689101



OTHER PRESENT:

             PP - 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:
 B.A. No. 6383 of 2022                       2

                  VIJU ABRAHAM, J.
                -------------------
               B.A. No. 6383 of 2022
         ----------------------------------
      Dated this the 25th day of August, 2022
                                 ORDER

Application for anticipatory bail.

2. Petitioner is the sole accused in Crime

No.1459 of 2022 of Thiruvalla Police Station,

registered alleging commission of offences

punishable under Sections 341 and 353 of the IPC.

3. The prosecution allegation is that, on

03.08.2022 at about 10 AM he has wrongfully

restrained a staff of Thiruvalla Municipal Council

and prevented him from discharging his official

duty by forcefully taking the resignation letter of

another council member from his possession, thereby

the accused committed the above said offences. A

crime was registered based on a complaint filed by

the Secretary of the Municipality.

4. The petitioner submits that he has been

falsely implicated in the above said crime and no

such incident occurred as alleged by the prosecution

and further submits that the petitioner has no other

criminal antecedents.

5. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor.

6. The learned Public Prosecutor opposed the

application for bail, mainly contending that the

petitioner has forcefully taken away the resignation

letter, which was in the possession of the Senior

Clerk of the Municipality and thereby obstructed his

official duty, but submitted that the petitioner has

no other criminal antecedents.

7. Having regard to the facts and circumstances

of the case, and nature of the allegations,

custodial interrogation may not be required for the

investigation of the case; and that he is ready to

co-operate with the investigation, I am inclined

to grant pre-arrest bail to the petitioner on

stringent conditions. The above bail application is

allowed with the following directions. The

petitioner shall surrender before the investigating

officer on 31.08.2022 and make himself available for

interrogation. In the event of arrest of the

petitioner in Crime No.1459 of 2022 of Thiruvalla

Police Station, he shall be produced before the

jurisdictional Magistrate on the same day and be

released on bail on the following conditions:

(i) The petitioner shall execute a bond for 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) The petitioner shall appear before the investigating officer in Crime No.1459/2022 of Thiruvalla Police Station as and when summoned to do so;

(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;

(iv) The petitioner shall not tamper with any evidence;

(v) The 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;