Prasad John Samuel vs State Of Kerala
2023 Latest Caselaw 1468 Ker

Citation : 2023 Latest Caselaw 1468 Ker
Judgement Date : 20 January, 2023

Kerala High Court

Prasad John Samuel vs State Of Kerala on 20 January, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                 BAIL APPL. NO. 169 OF 2023
PETITIONER/S:

         PRASAD JOHN SAMUEL
         AGED 46 YEARS
         S/O. SAMUEL, YOHANNAN SAMUEL,
         PALLUR, TRIKKANNA MANGAL MURI,
         KOTTARAKKARA P.O, KOLLAM,, PIN - 691563

         BY ADVS.
         S.JATHIN DAS
         SUMODH MADHAVAN NAIR
         T.A.PRAKASH


RESPONDENT/S:

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

    2    STATION HOUSE OFFICER
         PARAVUR POLICE STATION,
         PARAVUR, KOLLAM DISTRICT, KOLLAM-, PIN - 691301

    3    THE CHAIRPERSON
         PARAVUR MUNICIPALITY
         PARAVUR, KOLLAM DISTRICT,, PIN - 691301

         BY ADV PUBLIC PROSECUTOR


OTHER PRESENT:

         PP: NIMA JACOB


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No. 169 of 2023

                                              2


                               VIJU ABRAHAM, J
                             ..................................
                             B.A.No. 169 of 2023
               .................................................................
               Dated this the 20th day of January, 2023


                                        ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime

No.911/2022 of Paravoor Police Station, Kollam registered

alleging commission of offences punishable under Sections 465,

468 and 471 of the Indian Penal Code.

3. The prosecution allegation is that, the accused had

submitted a fabricated document stating as a Presidential

Decree with a direction to the Municipality not to interfere in

the construction of drinking water plant unit of the petitioner in

the name and style M/s. Eban Aqua and sent to the Municipality

office by post. Thus the petitioner committed the offences.

4. I have heard the learned counsel appearing for the

petitioner as well as the learned Public Prosecutor.

5. The learned counsel appearing for the petitioner

submits that the petitioner is an Engineer by profession and

working in Mumbai. To start a business project in Kerala, he B.A.No. 169 of 2023

submitted a drinking water project before the Government and

the Government approved the same. The petitioner purchased

certain extent of property for the purpose of starting drinking

water bottling plant and an application was submitted before the

Paravur Municipality. Thereafter, the Ground water

Department also granted permission and sanctioned approval

for digging tube-well from the aforesaid premises of the

petitioner. The Secretary, Paravur Municipality did not consider

the sanction provided by the Ground Water Department and did

not issue No Objection Certificate (NOC) to the petitioner.

Therefore, the petitioner was constraint to approach this Court

by filing W.P.(C)No.32990/2019. This Court had passed

Annexure A2 order in the said writ petition. The 3 rd respondent

with the support of some local political leaders made illegal

demands to the petitioner for starting his business project. Later

the petitioner was introduced to one Mr. P.P.M Ashraf, through

his former advocate and he assured that he will try to obtain a

presidential decree through Government portal "CPGRAMS".

The said person handed over the said decree to the petitioner.

When the petitioner found that the said decree is a forged one, B.A.No. 169 of 2023

he has preferred a complaint as Annexure-A3 and a crime was

registered as Crime No.1611/2021.

6. The learned Public Prosecutor upon instructions

submitted that the allegation against the petitioner is that the

petitioner has submitted a fabricated document stating as a

Presidential Decree with a direction to the Municipality not to

interfere in the construction of drinking water plant unit of the

petitioner in the name and style M/s. Eban Aqua and sent to the

Municipality office by post.

7. Considering the facts and circumstances of case and

nature of the allegation, custodial interrogation may not be

required for the purpose of investigation, only limited custody

be granted for the same. Hence, I am inclined to grant bail to

the petitioner with the following directions:

8. Petitioner shall surrender before the investigating

officer in Crime No.911/2022 registered by Paravoor Police

Station, Kollam, on 25.01.2023 at 11 a.m. In the event of arrest

in Crime No.911/2022 registered by Paravoor Police Station,

Kollam, he shall be produced before the Jurisdictional Court on B.A.No. 169 of 2023

the very same day and shall be released on bail on the following

conditions:

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the investigating officer in Crime No.911/2022 registered by Paravoor Police Station, Kollam, as and when summoned to do so by the Investigating Officer;

(iii) 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.911/2022 registered by Paravoor Police Station, Kollam;