Jaimon Joseph vs State Of Kerala
2022 Latest Caselaw 8534 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         BAIL APPL. NO. 3502 OF 2022
            CRIME NO.654 OF 2022 OF THODUPUZHA POLICE STATION
PETITIONER/ACCUSED:

             JAIMON JOSEPH, AGED 48 YEARS,
             ELANJICKAL, EZHALLOOR.P.O., THODUPUZHA,
             IDUKKI DISTRICT, PIN - 686805

             BY ADV O.D.SIVADAS



RESPONDENTS/COMPLAINANT AND STATE:

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

     2       THE STATION HOUSE OFFICER,
             THODUPUZHA POLICE STATION,
             IDUKKI DISTRICT, PIN - 681581


OTHER PRESENT:

             SR.PP - SMT. SEETHA S.




     THIS    BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 3502 of 2022               2

                     VIJU ABRAHAM, J.
                   ---------------------
                   B.A. No. 3502 of 2022
                ---------------------------
           Dated this the 6th day of July, 2022
                                 ORDER

This is an application for anticipatory bail.

2. Petitioner is the accused in Crime No.654 of

2022 of Thodupuzha Police Station, Idukki District

registered alleging commission of offences

punishable under Sections 3 and 7 of Essential

Commodities Act.

3. The prosecution allegation is that the

petitioner was found storing 130 litres of diesel in

his cattle shed without due licence, etc.

4. It is seen that petitioner is already released

on interim bail as per order dated 4.5.2022 by this

Court.

5. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

6. Having regard to the facts and circumstances

of the case, and considering the nature of the

allegations against the petitioner, the bail

application is allowed with the following

directions. The interim bail order passed by this

Court on 4.5.2022 is made absolute and the

petitioner shall comply with the following

conditions also:

(i) Petitioner shall appear before the

investigating officer in Crime No.654 of

2022 of Thodupuzha Police Station as and

when summoned to do so;

(ii) Petitioner shall co-operate with the

investigation and make himself available

for interrogation whenever required;

(iii) Petitioner shall not tamper with any

evidence;

(iv) 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;

(v) 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.654/2022 of

Thodupuzha Police Station, may file an application

before this 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

pm