Shaji Varghese M.V vs State Of Kerala
2022 Latest Caselaw 12563 Ker

Citation : 2022 Latest Caselaw 12563 Ker
Judgement Date : 23 December, 2022

Kerala High Court

Shaji Varghese M.V vs State Of Kerala on 23 December, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
      FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                          BAIL APPL. NO. 9828 OF 2022
      CRIME NO.1254/2022 OF Narakkal Police Station, Ernakulam
PETITIONER/ACCUSED:

              SHAJI VARGHESE M.V
              AGED 54 YEARS
              S/O. VARGHESE,
              MANAKKIL HOUSE,
              NAYARAMBALAM,
              ERNAKULAM DISTRICT-682506, PIN - 682506
              BY ADV GEORGE RENOY


RESPONDENT/STATE:

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
              PIN - 682031
              BY ADV PUBLIC PROSECUTOR SMT.NIMA JACOB



     THIS     BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.12.2022,    THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 9828 of 2022                     2

                    VIJU ABRAHAM, J.
               ------------------------
                 B.A. No. 9828 of 2022
            ------------------------------
      Dated this the 23rd day of December, 2022

                                   ORDER

This is an application for Anticipatory bail.

2. Petitioner is the 1st accused in Crime No.1254

of 2022 of Njarakkal Police Station, Ernakulam

registered alleging commission of offences

punishable under Sections 332, 506, 323 r/w S.34 of

IPC.

3. The prosecution allegation is that, the defacto

complainant got the information that the petitioner

along with the 2nd accused were selling alcohol at

Nayarambalam Market and on 7.11.2022, the defacto

complainant went there to prevent it, at about

morning 7.45, the 2nd accused ran away from the

scene and the petitioner with an intention to

restrain the defacto complainant from his official

duty, punch on the stomach and the defacto

complainant also threatened with a knife.

4. The petitioner submits that the defacto

complainant is a preventive officer, he purposefully

trapped the petitioner and a false case has been

registered against him.

5. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

Having regard to the facts and circumstances of

the case, and nature of the allegations, I am of the

opinion that custodial interrogation is not required

for the purpose of investigation and only a limited

custody be granted for the same. I am inclined to

grant anticipatory bail to the petitioner, but on

stringent conditions. The above bail application is

allowed with the following directions. The

petitioner shall surrender before the investigating

officer on 30.12.2022 and make himself available for

interrogation on that day. The petitioner shall co-

operate with the investigation. In the event of

arrest of the petitioner in Crime No.1254 of 2022 of

Njarakkal Police Station, he shall be produced

before the jurisdictional Court on the same day and

be released on bail on the following conditions:

(i) The 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.1254 of 2022 of Njarakkal Police Station, on all Saturday at 11 am, till the filing of final report;

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

(iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with him from disclosing such facts to the court or to any police officer;