Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 28TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944 BAIL APPL. NO. 8058 OF 2022 PETITIONER/ACCUSED NO.3:
AMEER SALI AGED 35 YEARS S/O SALI, ILLATHUPARAMBIL HOUSE, THOTTUMUGHAM, KANJIRAPALLY, KOTTAYAM,PIN - 686506 BY ADVS.
ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) PRAJIT RATNAKARAN RESPONDENT/STATE:
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SMT.NIMA JACOB (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2022, ALONG WITH BAIL APPL.NO.8030/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 8058 & 8030 of 2022 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 28TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944 BAIL APPL. NO. 8030 OF 2022 PETITIONER/ACCUSED NO.3:
AMEER SALI AGED 35 YEARS S/O SALI, ILLATHUPARAMBIL HOUSE, THOTTUMUGHAM, KANJIRAPALLY, KOTTAYAM, PIN - 686506 BY ADVS.
ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) PRAJIT RATNAKARAN RESPONDENT/STATE:
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SMT.NIMA JACOB (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON
28.11.2022, ALONG
WITH
BAIL APPL.NO.8058/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 8058 & 8030 of 2022 3 VIJU ABRAHAM , J.
=========================== Bail Appln. Nos. 8058 & 8030 of 2022 ============================ Dated this the 28th day of November, 2022 O R D E R These are applications for anticipatory bail In B.A. No. 8058/2022, the petitioner is 3rd accused in Crime No. 482/2022 of Peruvamthanam Police Station, Idukki district alleging commission of offences punishable under Sections 380 and 411 read with Section 34 of the Indian Penal Code; Whereas in B.A. No. 8030/2022, the petitioner is 3rd accused in Crime No. 481/2022 of Peruvamthanam Police Station, Idukki district alleging commission of offences punishable under Sections 457, 380 and 411 read with Section 34 of the Indian Penal Code.
3.
In B.A. No. 8058/2022, the prosecution allegation is that, the accused with an intention of committing theft, between 2 PM on 13.08.2022 and 06.00 AM. on 25.08.2022 had committed theft of 20 aluminium dish and 2 rubber rollers all worth Rs. 30,000/- by cutting and removing the door of the shed situated in the 6 acre rubber estate belonged to the defacto complainant and his brother situated at Valel side in Kokkayar village; Whereas in B.A. No. 8058/2022, the
Bail Appln. Nos. 8058 & 8030 of 2022 4 prosecution allegation is that, the accused with an intention of committing theft between 01.30 PM. on 18.08.2022 and 06.30 AM. On 19.08.2022 had committed theft of 90 aluminium dish, aluminium bucket, strainer (Arippa) and two iron basket all worth Rs. 22,000/- by cutting and removing the lock of the shed situated in the 12 acre rubber estate which is taken on lease by the defacto complainant situated at Polachira Estate in Kokkayar Village.
4. The specific case of the petitioner is that he has been falsely implicated in the above said crimes and the allegations that he has received stolen property. Petitioner is one of the five staffs in a scrap dealing shop belonging to one Salim. The said Salim who runs the shop is having GST registration. Petitioner was not aware of the fact that they were stolen properties and was not meant to be sold.
5. The learned Public Prosecutor upon instructions submitted that, it is true that petitioner is not the owner of the shop, but the alleged stolen properties were handed over to the petitioner.
6.
Considering the facts and circumstances of the case, I am of the opinion that custodial interrogation of the petitioner may not be required for the purpose of investigation, but only a
Bail Appln. Nos. 8058 & 8030 of 2022 5 limited custody be granted for the same. Therefore I am inclined to grant anticipatory bail to the petitioner.
In the result, these bail applications are allowed. The Petitioner shall surrender before the Investigating Officer in Crime Nos. 482 & 481/2022 of Peruvamthanam Police Station on 02.12.2022 at 11 AM and shall make himself available for interrogation on that day or any other day/days as directed by the Investigating Officer. The petitioner shall co-operate with the investigation. In the event of arrest of the petitioner in Crime Nos. 482 & 481/2022 of Peruvamthanam Police Station, the petitioner shall be produced before the jurisdictional Court on the very same day and shall be released on bail subject to the following stringent conditions.
(i) The 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) The petitioner shall appear before the Investigating Officer in Crime Nos. 482 & 481/2022 of Peruvamthanam Police Station, on every Saturday at 11.00 a.m. until filing of the final reports.
(iii) Petitioner shall report to the investigating officer as and when required for the investigation.
Bail Appln. Nos. 8058 & 8030 of 2022 6 (iv) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in the above said crimes.
(v) The 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. 482 & 481/2022 of Peruvamthanam Police Station may file an application before the jurisdictional 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 sbk/-