Sureshkumar vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 BAIL APPL. NO. 5124 OF 2022 CRIME NO.623 OF 2022 OF THUMBA POLICESTATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED NOS.1 AND 2: 1 SURESHKUMAR,AGED 53 YEARS THIRUVANATHAPURAM - 695583 2 SUDEVAN,AGED 54 YEARS BY ADV V.S.THOSHIN RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PINCODE - 682031 2 THE STATION HOUSE OFFICER,THUMBA POLICE STATION STATION KADAVU, VSSC RD, THUMBA, OTHER PRESENT: SR.PP - SMT. SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

B.A.No.5124 of 2022 Dated this the 29th day of July, 2022

ORDER

This is an application for anticipatory bail.

2. The petitioners who are brothers apprehend arrest in Crime No.623 of 2022 of Thumba Police Station, Thiruvananthapuram for offences punishable under Sections 447, 427, 420, 506 and 34 of the Indian Penal Code.

3. The prosecution allegation is that on 06.06.2022 at 4.00 p.m.

the petitioners trespassed into the property of the defacto complainant in survey No.368/8 in block No.18 of Attipra village and destroyed the tapioca cultivation and encroached 2 cents of property and sustained a loss of Rs.1,401,500/- and threaten the defacto complainant. Thereby the petitioners/accused had committed the above said offence.

4. Petitioners submit that they have been falsely implicated in

the abovesaid crime and further that a suit is pending between the petitioners and the defacto complainant as O.S.No.739 of 2022 before the Additional Munsiff's Court-IV, Thiruvananthapuram and that the present case is a false case filed by the defacto complainant. It is further submitted that the 1st petitioner is a heart patient and to substantiate the

BA No.5124 of 2022 3 same he has produced Annexure-3 certificate.

5. Heard the learned Public Prosecutor also who opposed the application for bail.

6. It is seen that when the matter came up for consideration

on 04.07.2022 interim bail was granted to the petitioners to release them in the event of arrest in connection with Crime No.623 of 2022 of Thumba Police Station, Thiruvananthapuram on executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In the facts and circumstances of the case and considering the nature of the allegations and in view of the fact that as per order dated 04.07.2022 the petitioners had already executed a bond, the said interim order dated 04.07.2022 is made absolute with the following further conditions:

(i) They shall co-operate with the investigation and make themselves available for interrogation whenever required.

(ii) They shall not tamper with any evidence.

(iii) They 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 them from disclosing such facts to the court or to any police officer.

(iv) They shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the BA No.5124 of 2022 4

Investigating Officer in Crime No.623 of 2022 of Thumba Police Station, Thiruvananthapuram may file an application before 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 cks