Kerala High Court
Mony Mathew vs The State Of Kerala on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
BAIL APPL. NO. 2963 OF 2023
[CRIME NO. 185/2023 OF NEDUMBASSERY AIRPORT POLICE STATION]
PETITIONER/ACCUSED:
MONY MATHEW,
AGED 50 YEARS,S/O MATHAI,
KARAVATEEKUZHIVELIL HOUSE, VADAYAMPADY,
PUTHENCRUZ P.O., ERNAKULAM DISTRICT, PIN - 682308
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS/STATE/COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE SUB INSPECTOR OF POLICE,
NEDUMBASSERY AIRPORT POLICE STATION, NEDUMBASSERY,
ERNAKULAM DISTRICT, PIN - 683111
3 SHIJU JOSEPH,
MUNDAKKAL HOUSE, THIRUVAMKULAM,
ERNAKULAM DISTRICT, PIN - 682305
OTHER PRESENT:
BY SMT. T V NEEMA (SR.P.P.)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. No. 2963 of 2023
2
ORDER
Dated this the 24th day of May, 2023
This is an application seeking pre-arrest bail filed by the sole
accused in Crime No. 185/2023 of Nedumbassery Airport Police
Station, Ernakulam.
2. Heard the learned counsel for the petitioner as well as the
learned Public Prosecutor.
3. I have perused the relevant documents form part of the case
diary placed by the learned Public Prosecutor.
4. The prosecution case is that, the petitioner herein, had stolen
J.C.B owned by the defacto complainant and thereby committed
offence punishable under Section 379 of Indian Penal Code.
5. It is submitted by the learned counsel for the petitioner that
this Court considered Crl.M.C.No.3748/2023 after perusing the
relevant documents, including judgments in writ petition as well as in
writ appeal passed by this Court and accordingly, this Court issued
directions in the matter of custody of JCB and also deferred the arrest
of the petitioner till consideration of this anticipatory bail application.
The order is as under:
BAIL APPL. No. 2963 of 2023
"Heard the learned counsel appearing for the
petitioner as well as the learned Public Prosecutor.
2. It is submitted by the learned counsel appearing
for the petitioner that as per Annexure A4 judgment and
Annexure A5 Writ Appeal judgment, it was found that,
the title over J.C.B referred in Annexure A6 F.I.R, is a
subject matter of civil dispute. However, as pointed out
by the learned Public Prosecutor, referring to paragraph
13 of Annexure A5 Writ Appeal judgment, now, crime
alleging commission of offence under Section 379 has
been registered.
3. According to the learned counsel appearing for
the petitioner, Annexure-A5 is a false one and therefore
the same is liable to be quashed.
4. Whereas, it is submitted by the learned Public
Prosecutor that, the investigation based on Annexure A6
may go on to find out the truth of the allegation.
5. On perusal of the available materials, it could
be gathered that, the parties are litigating over the title of
J.C.B and now the police registered crime alleging
commission of theft of the said J.C.B by the petitioner
and now, the police wants to get custody of the J.C.B.
6. Since it is noticed that in the earlier round of
litigation before this Court, this Court observed that, the
dispute is confined to title of the J.C.B, it is ordered that
the investigation based on Annexure A6 F.I.R can go on.
However, it is specifically made clear that, the petitioner
shall not be disturbed, except in the matter of
interrogation. It is specifically ordered that the JCB shall
BAIL APPL. No. 2963 of 2023
not be surrendered before the investigating officer for
the purpose of custody. But the investigating officer is at
liberty to prepare Mahazar of the J.C.B at the premises
of the petitioner after giving notice to him within a period
of seven days and to give custody of the JCB on
executing bond for Rs.1,00,000/- (Rupees One lakh
only) by the petitioner himself and by two solvent
sureties with undertaking to produce the same before
court until culmination of the criminal case, subject to
orders of the competent court and the petitioner shall not
encumber or sell the JCB, till then. The Investigating
Officer shall produce the bond so executed before the
Magistrate court to keep the same till the culmination of
the criminal case, so as to direct the petitioner to
produce the J.C.B in case of necessity during the
proceedings.
7. Since the case emerges on the background of
the facts discussed above, the arrest and custodial
interrogation of the petitioner are also not necessary.
Therefore, arrest of the petitioner shall stand deferred till
consideration of his anticipatory bail application pending
before this Court, as submitted by the learned counsel
for the petitioner, within a period of one month. This
Crl.M.C stands disposed of as above."
6. The learned Public Prosecutor, even though sought for time to
get instructions, the facts of the case is well discussed in the order in
Crl.M.C.No.3748/2023 on 12.03.2023. Therefore, in the factual
BAIL APPL. No. 2963 of 2023
scenario, the petitioner is liable to be released on anticipatory bail with
with a direction to concede the jurisdiction of the investigating
officer for the purpose of interrogation to facilitate the
investigation.
Accordingly, the petition stands allowed and the petitioner can be
enlarged on bail, on the following conditions:
i. The petitioner shall surrender before the Investigating Officer
within ten days from today and on such surrender, the
Investigating Officer can question the petitioner. In the event of
his arrest, the Investigating Officer shall produce the petitioner
before the jurisdictional court on the date of arrest itself.
ii. On such production, the jurisdictional court shall release the
petitioner on bail, on executing bond for Rs.30,000/- (Rupees
thirty thousand only) by himself and by two solvent sureties,
each for the like sum to the satisfaction of the jurisdictional
court.
iiii. The petitioner shall co-operate with investigation and shall be
made available for interrogation and for the purpose of
investigation, as and when the Investigating Officer directs
so.
iv. The petitioner, shall not, intimidate the witnesses or interfere
with the investigation in any manner.
BAIL APPL. No. 2963 of 2023
v. The petitioner shall not commit any offence during currency
of this bail and any such involvement is a reason to cancel
the bail hereby granted.
Sd/-
A. BADHARUDEEN,JUDGE
mtk
