Subin S vs State Of Kerala
2022 Latest Caselaw 10135 Ker

Citation : 2022 Latest Caselaw 10135 Ker
Judgement Date : 15 September, 2022

Kerala High Court

Subin S vs State Of Kerala on 15 September, 2022

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                         BAIL APPL. NO. 6212 OF 2022
               Crime No.765 of 2022 of Chithara Police Station


PETITIONERS/ACCUSED 1, 3 & 4:

     1        SUBIN S, AGED 33 YEARS, S/O SURESH,
              SV HOUSE, KARARA,CHITHARA PO, CHITHARA VILLAGE,
              MADATHARA,PIN-691559

     2        SARATHLAL M V, AGED 27 YEARS, S/O MOHANAN
              PARAVILA VEEDU, KARARA, CHITHARA PO, MADATHARA
              CHITHARA VILLAGE, KOTTARAKKARA TALUK, PIN-691559

     3        ASHOK, AGED 28 YEARS, S/O NARAYANAN
              PARAVILA VEEDU, KARARA, CHITHARA PO
              MADATHARA CHITHARA VILLAGE KOTTARAKKARA TALUK,
              PIN-691559

              BY ADVS.
              C.R.SIVAKUMAR
              BINI.K
              MINI.M.NAIR



RESPONDENT/COMPLAINANT:

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

     2        THE STATION HOUSE OFFICER
              CHITHARA POLICE STATION KOLLAM (DIST),
              PIN-691559




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.09.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.6212 of 2022                                      2




                                 VIJU ABRAHAM, J.
                 .................................................................
                                B.A.No. 6212 of 2022
                 .................................................................
                Dated this the 15th day of September, 2022


                                          ORDER

This is an application for anticipatory bail.

2. The petitioners are accused Nos. 1, 3 and 4 in Crime

No.765 of 2022 of Chithara Police Station registered alleging

commission of offence punishable under Section 379 of Indian Penal

Code.

3. The allegation against the petitioners is that they have cut

and removed three Teak wood trees standing in the puramboke land.

4. Petitioners rely on Annexure-A2 (details available in the

website regarding the land in Block No.55, Sy. No. 313/3 Chithara

Village) to show that the said land is not a puramboke land, but belongs

to a private party and therefore the allegation against the petitioners are

false.

5. Learned Public Prosecutor opposed the application for bail

mainly contending that the mistake in this regard has been rectified by

proceedings of the Tahsildar as early as in 2011 and a portion of the

property has been shown as puramboke land and it is true that the

corresponding changes have not been made in the website. The learned

Public Prosecutor submits that though the 1st petitioner is involved in

other crimes, no criminal antecedents are seen reported as against

petitioners 2 and 3. Learned Public Prosecutor further submits that the

alleged teak wood trees have already been recovered and that limited

custody may be granted.

6. Taking into consideration the facts and circumstances of the

case and the nature of the allegations, I am inclined to grant pre-arrest

bail to the petitioners on conditions.

Therefore, the bail application is disposed of with the

following directions. The petitioners shall surrender before the

investigating officer in Crime No.765 of 2022 of Chithara Police Station

on 20.09.2022 and make themselves available for interrogation on that

day or on any other day or days as directed by the investigating officer.

In the event of arrest of the petitioners in connection with Crime No.765

of 2022 of Chithara Police Station, they shall be produced before the

jurisdictional Magistrate on the very same day and shall be released on

bail on the following conditions:

(i) The petitioners shall execute a bond for Rs.50,000/-

(Rupees fifty thousand only) each with two solvent sureties

each for the like sum to the satisfaction of the jurisdictional

Court.

(ii) They shall appear before the investigating officer on all

Saturdays at 11.00 a.m. till the filing of final report.

(iii) They shall not tamper with any evidence;

(iv) They 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 them from disclosing such facts

to the court or to any police officer;