Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942 Bail Appl..No.1906 OF 2021 CRIME NO.27/2021 OF Pampa Police Station, Pathanamthitta PETITIONER/S: SHAFEEK AGED 41 YEARS RAZAK MANZIL, PUNNALA P.O., PATHANAPURAM, KOLLAM DISTRICT BY ADV. SRI.K.C.SANTHOSHKUMAR RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA SRI.M.R.DHANIL -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 8th day of March 2021 This is an application seeking anticipatory bail filed under Section 438 Cr.PC.
2. The applicant is the sole accused in Crime No.27/2021 of Pamba Police Station, Pathanamthitta District for having allegedly committed offences punishable under Section 379 IPC.
3. The prosecution case, in brief, is that the
applicant had allegedly stolen pipes and other materials belonging to the Travancore Devaswom Board from Sabarimala premises without the knowledge and consent of the Devaswom, and thus committed the offence of theft.
4. The applicant states that the allegations are not
true. The applicant is the owner of a pickup van bearing Regn.No.KL-25-K/4864. He is authorised to remove garbage used bags and other scrap materials etc. from the premises of Sabarimala Temple for one year starting from 18.11.2020. Annexure-I is the certificate, which has been issued to him authorising him to do the above work and that he was only collecting garbage and other scarp materials and the allegation that he has picked up valuable pipes and other materials stored by the Devaswom is not true and hence, he seeks pre-arrest bail.
5. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
6. The learned Public Prosecutor points out that the
applicant was only authorised to pick up garbage used bags and other waste materials from the temple premises and not valuable articles belonging to the Devaswom. But, he under the guise of picking up garbage materials, also transported valuable articles, like pipes and other materials stored by the Devaswom and thus committed the offence of theft. The learned Prosecutor admits that recovery of the materials has already been made. Under the circumstances, custodial interrogation of the applicant may not be necessary. There is no indication of his having any criminal antecedents.
7. In the result, the bail application is allowed and
the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer, and on the following further conditions:
(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final report, whichever is earlier.
(ii) He shall not tamper with evidence or intimidate or influence the witnesses.
(iii) He shall not get involved in any similar offence
during the currency of the bail. In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail. Sd/- ASHOK MENON JUDGE jg