P.K Abbas vs State Of Kerala
2022 Latest Caselaw 11864 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                      BAIL APPL. NO. 9247 OF 2022


PETITIONER/ACCUSED:

           P.K ABBAS
           AGED 50 YEARS, REVENUE INSPECTOR , S/O P.K.
           KUNHIMARAKKAR, PALLIPARAMBIL HOUSE,CHENDRAPPINNI
           VILLAGE, CHENDRAPPINNI POST,
           KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680687
           BY ADVS.
           P.M.ABDUL JALEEL (KODUNGALLUR)
           T.V.SHAJI
           K.SHAMEER MOHAMMED


RESPONDENTS/COMPLAINANT:

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTER, HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031
     2     THE S. H.O. KODUNGALLUR
           KODUNGALLUR POLICE STATION,
           KODUNGALLUR P.O., THRISSUR DISTRICT,, PIN - 680664
           BY SRI. M.C.ASHI (PP)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appln. No. 9247of 2022      2

                       VIJU ABRAHAM , J.
            ===========================
                  Bail Appln. No. 9247of 2022
           ============================
           Dated this the 21st day of December, 2022


                                ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No. 1245/2022

of Kodungallur Police Station, Thrissur District alleging commission

of offences punishable under Sections 415, 417 and 420 of the

Indian Penal Code.

3. The prosecution allegation is that, on 07.09.2019 the

petitioner borrowed a sum of Rs. 1,00,000/- from the defacto

complainant agreeing to repay the amount within a week and the

petitioner repaid Rs. 42,000/- till date to the defacto complainant

and the balance amount of Rs. 58,000/- has not been paid and

thereby the accused has committed the alleged offences.

4. The petitioner submitted that he has been falsely

implicated in the above said crime. What has happened is that the

petitioner is working as a Revenue Inspector and on 10.06.2020,

the defacto complainant trespassed into the Office of Special

Deputy Collector and criminally intimidated the petitioner.

Thereupon Annexure A2 complaint was preferred before the

Director General of Police on 03.08.2020. Thereafter, Annexure A3

legal notice was issued on 27.05.2021 to which petitioner has

submitted Annexure A4 reply on 16.06.2021. Thereafter, the

petitioner was constantly been harassed by the Police forcing him

to pay the amount to defacto complainant. Thereupon he filed a

writ petition as W.P.(C) No. 34391/2022 alleging police

harassment. Immediately thereafter a private complaint was

preferred as M.P. No. 8171/2022 before the Judicial First Class

Magistrate Court, Kodungallur, based on which the present F.I.R.

has been registered. Petitioner further submitted that even going

by the prosecution allegation, allegations are only of a civil nature.

5. The learned Public Prosecutor upon instructions submitted

that the case was registered based on a private complaint on an

allegation that the defacto complainant has been cheated by the

petitioner.

6. Considering the facts and circumstances of the case and

nature of allegation, I am of the opinion that custodial

interrogation of the petitioner is not required for the purpose of

the investigation, but only a limited custody be granted for the

same. Therefore, I am inclined to grant anticipatory bail to the

petitioner.

In the result, this application is allowed. The Petitioner shall

appear before the jurisdictional Court in Crime No. 1245/2022 of

Kodungallur Police Station on 27.12.2022 and shall be released on

bail subject to the following stringent conditions.

(i) The 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) Petitioner shall report to the Investigating Officer as and

when required for the purpose of the investigation.

(iii) The petitioner shall not attempt to influence the defacto

complainant or interfere with the investigation or to

influence or intimidate any witness in Crime No.

1245/2022 of Kodungallur 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. 1245/2022 of Kodungallur 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 sbk/-