M.M.Shafi, S/O.Muhammed Abdul ... vs State Of Kerala
2023 Latest Caselaw 1197 Ker

Citation : 2023 Latest Caselaw 1197 Ker
Judgement Date : 18 January, 2023

Kerala High Court

M.M.Shafi, S/O.Muhammed Abdul ... vs State Of Kerala on 18 January, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                      BAIL APPL. NO. 179 OF 2023
        CRIME NO.07/2023 OF PANGODE POLICE STATION,
                         THIRUVANANTHAPURAM

PETITIONER:

             M.M.SHAFI, S/O.MUHAMMED ABDUL KHADER
             AGED 54 YEARS, PRESIDENT, PANGODE GRAMA PANCHAYATH,
             PANGODE.P.O., THIRUVANANTHAPURAM - 695 609
             RESIDING AT PHAVETTYKUZHIYIL ANNEXE, PANGODE.P.O.,
             THIRUVANANTHAPURAM, PIN - 695609
             BY ADVS.
             B.MOHANLAL
             ASWIN V. NAIR
             P.S.PREETHA
             KARTHIK J SEKHAR
             ABIJITH M.


RESPONDENtS:

    1        STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031
    2        STATION HOUSE OFFICER, PANGODE POLICE STATION,
             PANGODE P.O.,THIRUVANANTHAPURAM, PIN - 695609


             BY ADV
             SMT.NIMA JACOB - PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.01.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BA No.179 of 2023
                                        .. 2 ..




              VIJU ABRAHAM, J.
        ====================
             B.A. No.179 of 2023
        ====================
                    Dated this the 18th day of January, 2023


                                ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime

No.07/2023 of Pangode Police Station, Thiruvananthapuram

alleging commission of offences punishable under Sections 294

(b), 343 and Section 506 of the IPC.

3. The prosecution allegation is that, the defacto

complainant, who is the Secretary of the Pangode Grama

Panchayath failed to complete the proceedings in the files and

thereby failed to fall off the lawful actions, the accused who is

the President of the Grama Panchayath was in express condemn

with the defacto complainant and in animosity with the above

accused with an intention to deter the public servant from duty

and to threaten him came to the table of the defacto

complainant on 03.01.2023 at 11 am, shouted obscene words in

the presence of the members of the Grama Panchayath staff and

public and deterred the defacto complainant from discharging

his official duty and thereby committed the aforesaid offences. BA No.179 of 2023 .. 3 ..

4. The learned counsel for the petitioner submitted that

he has been falsely implicated in the above said crime and he is

the President of the Pangode Grama Panchayath and the defacto

complainant is the Secretary. The defacto complainant in the

capacity as Secretary failed to complete the proceedings and

has reluctant to implement the directions of the Panchayath

committee and thereupon the Panchayath committee has

decided to report the matter to the Director of Panchayath and

in order to evade from the proceedings, the defacto complainant

has filed the present complaint.

5. The learned Public Prosecutor seriously opposed the

application for bail mainly contending that the petitioner

obstructed the official duty of the defacto complainant and

thereby committed the said offences.

6. Having regard to the facts and circumstances of the

case and considering the nature of the allegations, 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

23.01.2023, at 11 a.m, and subject himself for interrogation on

that day between 11.00 am and 6.00 pm. The petitioner shall

co-operate with the investigation. In the event of arrest of the BA No.179 of 2023 .. 4 ..

petitioner in Crime No.07/2023 of Pangode Police Station,

Thiruvananthapuram, 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) Petitioner shall appear before the

investigating officer in Crime No.07/2023 of

Pangode Police Station, Thiruvananthapuram as

and when summoned to do so;

(iii) The petitioner shall not attempt to (contact

the victim or the defacto complainant) or interfere

with the investigation or to influence or intimidate

any witness in Crime No.07/2023 of Pangode Police

Station, Thiruvananthapuram;