Zacharia.K vs U.T.Administration Of ...
2022 Latest Caselaw 11342 Ker

Citation : 2022 Latest Caselaw 11342 Ker
Judgement Date : 2 December, 2022

Kerala High Court

Zacharia.K vs U.T.Administration Of ... on 2 December, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                    BAIL APPL. NO. 8768 OF 2022
Crime No.7/2022 of Agatti Police Station, Union Territory of
                            Lakshadweep
PETITIONER/ACCUSED:

          ZACHARIA.K
          AGED 54 YEARS
          S/O VEERANKUTTY.K, KIZHAKKETHIL HOUSE,
          KAKOOTH, PERINTHALMANNA
          MALAPPURAM, PIN - 679322
          BY ADVS.
          R.ROHITH
          HARISHMA P. THAMPI

RESPONDENT/STATE:

          U.T.ADMINISTRATION OF LAKSHADWEEP
          REPRESENTED BY THE STANDING COUNSEL,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

          BY ADV Sajith Kumar V.


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.8768 of 2022             :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.8768 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
             Dated this the 2nd day of December, 2022

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is accused No.2 in Crime No.7/2022 of

Agatti Police Station, Union Territory of Lakshadweep, alleging

commission of offences punishable under Sections 465, 420, 409,

477-A, 417 and 120-B of the Indian Penal Code and Section 14 of

Lakshadweep Minicoy and Aminidive Island Restriction on Entry

and Resident Rule, 1967.

3. The prosecution allegation is that, the accused permitted

two persons to get entry permit, in the guise of being employees of

a firm and executed an agreement with the administration, as is

evident from Annexure A2 and later it was found that these two

persons who have given permit, are not connected with the firm

and thus the accused have committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that he is

only an employee of the firm which entered into an agreement with

the Lakshadweep administration. It is also submitted that the 1 st

accused is already granted bail by the Sessions Court, Kavarati in

Crl. M. P. No.94/2022. It is further submitted that the petitioner

has no other criminal antecedents.

5. The learned Standing Counsel though seriously opposed

the application for bail contending that the petitioner has an active

role in the commission of the offence, but submitted that he is not

involved in any other crime.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the said purpose. Therefore, 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

surrender before the investigating officer on 20.12.2022, at 11

a.m, and subject himself for interrogation on that day and on any

other day/days as directed by the investigating officer. The

petitioner shall co-operate with the investigation. In the event of

arrest in Crime No.7/2022 of Agatti Police Station, Union Territory

of Lakshadweep, he shall be produced before the jurisdictional

Court on the very same day and shall be released on bail, subject

to the following conditions:-

(i) Petitioner shall execute a 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) The petitioner shall appear before the

investigating officer in Crime No.7/2022 of Agatti

Police Station, Union Territory of Lakshadweep , on

every Saturday, at 11 am, until the filing of the final

report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.7/2022 of Agatti Police Station,

Union Territory of Lakshadweep as and when

summoned to do so;

(iv) The petitioner shall not attempt to contact the

defacto complainant or interfere with the

investigation or to influence or intimidate any witness

in Crime No.7/2022 of Agatti Police Station, Union

Territory of Lakshadweep;