Unnikrishnan Nambiar v. State Of Kerala
Original PDF →Application for anticipatory bail.
When the matter was taken up for consideration, the learned Public Prosecutor upon instructions submitted that the 2nd petitioner is not made an accused and, I am considering the bail application in respect of the 1st petitioner alone.
Petitioner is the accused in Crime No.1960 of 2021 of Town East Police Station, Thrissur registered alleging commission of offences punishable under Sections 448, 323, 392, 506, 294(b) of IPC.
The prosecution allegation is that on 30.9.2021 at 12.00 pm, when he along with his son and his previous General Manager Anil S Pillai were talking in the office room of Hotel Pooram International, of which he is the Managing Partner, the first
B.A. No. 164 of 2022 3 applicant who is a partner in the said hotel, and his power of attorney holder, the second applicant herein, trespassed into the said room with an intention to stop the functioning of the Hotel. It is further alleged that the first applicant caught hold of the manager Anil S Pillai by his throat and abused him with words and threatened to kill him, and that the second applicant caught hold of him and hit him, and when the son of the defacto complainant tried to intervene he was also assaulted. It is also alleged that the applicants took away the laptop, keys and the phone belonging to the son of the defacto complainant.
Petitioner submits that he has been falsely implicated in the above said crime. In fact, the petitioner along with the defacto complainant and his wife are partners of Hotel by named Pooram International, Thrissur. At present the petitioner is holding 50% share in the said partnership and the defacto complaint and his wife are holding 25% share
B.A. No. 164 of 2022 4 each. Annexure-II is the deed of partnership executed on 29.7.2013. Due to Covid-19 pandemic business came to a stop and GST registration of the Hotel was also cancelled. Petitioner came to know that a false GST account has been created by the defacto complainant and his wife. Thereupon a private complaint was preferred before the Judicial First Class Magistrate-I, Kannur based on which Annexure-I FIR was registered against the defacto complainant and his wife and two children. It is only as a retaliation for registration of Annexure- IV crime that the present crime was falsely registered against the petitioner. Petitioner submits that the alleged incident though happened on 30.9.2021, the FIR was registered only on 12.11.2021, this itself will show the falsity of the allegation.
The defacto complainant appeared through a counsel and seriously opposed the application for bail. I have heard the learned Public Prosecutor also.
B.A. No. 164 of 2022 5 7. It is seen that there is already an order not to arrest the petitioner, which is still inforce.
Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioner, I am inclined to grant bail to the petitioner, the above bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 22.07.2022 and co- operate with the investigation. In the event of arrest of the petitioner in Crime No.1960 of 2021 of Town East Police Station, the petitioner shall be released on bail on the following conditions: (i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the juri ictional Court; (ii) Petitioner shall appear before the investigating officer in Crime No.1960/2021 of Town East Police Station as and when summoned to do so;
B.A. No. 164 of 2022 6 (iii) Petitioner shall co-operate with the investigation and make himself available for interrogation whenever required; (iv) Petitioner shall not tamper with any evidence; (v) Petitioner 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 him from disclosing such facts to the court or to any police officer; (vi) 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.1960/2021 of Town East Police Station, may file an application before the juri ictional 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
B.A. No. 164 of 2022 7 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). VIJU ABRAHAM,JUDGE pm
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.