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2022 Supreme(Online)(KER) 46682
HIGH COURT OF KERALA
VIJU ABRAHAM, J
SHAJI VARGHESE M.V – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./9828/2022
ADV GEORGE RENOY, ADV PUBLIC PROSECUTOR SMT.NIMA JACOB
Anticipatory bail can be granted when custodial interrogation is not deemed necessary, provided stringent conditions are imposed to prevent interference with the investigation.
Headnote:
Bail - Anticipatory Bail - IPC Sections 332, 506, 323 - The court granted anticipatory bail to the petitioner, emphasizing the lack of necessity for custodial interrogation based on the allegations and set forth stringent conditions to ensure cooperation with the investigation.
Fact of the Case:
The petitioner, accused of violence against a preventive officer while obstructing alcohol sale, claimed false allegations. The prosecution asserted the petitioner attacked the officer when confronted during his official duties.
Finding of the Court:
The court found that custodial interrogation was not necessary and pointed out that the nature of allegations did not warrant it. The petitioner was granted anticipatory bail under strict conditions.
Issues: Whether anticipatory bail should be granted based on the allegations against the petitioner and the necessity of custodial interrogation.
Ratio Decidendi: The court's rationale was centered on the assessment that the seriousness of allegations did not justify custodial interrogation, allowing anticipatory bail under stringent conditions to prevent interference with the investigation.
Final Decision: Anticipatory bail granted with stringent conditions.
ORDER
This is an application for Anticipatory bail.
2. Petitioner is the 1st accused in Crime No.1254 of 2022 of Njarakkal Police Station, Ernakulam registered alleging commission of offences punishable under Sections 332 , 506, 323 r/w S.34 of IPC .
3. The prosecution allegation is that, the defacto complainant got the information that the petitioner along with the 2nd accused were selling alcohol at Nayarambalam Market and on 7.11.2022, the defacto complainant went there to prevent it, at about morning 7.45, the 2nd accused ran away from the scene and the petitioner with an intention to restrain the defacto complainant from his official duty, punch on the stomach and the defacto complainant also threatened with a knife.
4. The petitioner submits that the defacto complainant is a preventive officer, he purposefully trapped the petitioner and a false case has been registered against him.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
Having regard to the facts and circumstances of the case, and nature of the allegations, I am of the opinion that custodial interrogation is not required for the purpose of investigation and only a limited custody be granted for the same. I am inclined to grant anticipatory bail to the petitioner, but on stringent conditions. The above bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 30.12.2022 and make himself available for interrogation on that day. The petitioner shall co- operate with the investigation. In the event of arrest of the petitioner in Crime No.1254 of 2022 of Njarakkal Police Station, he shall be produced before the jurisdictional Court on the same day and be released on bail on the following conditions:
(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No.1254 of 2022 of Njarakkal Police Station, on all Saturday at 11 am, till the filing of final report;
(iii) The petitioner shall not tamper with any evidence;
(iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with him from disclosing such facts to the court or to any police officer;
(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.1254 of 2022 of Njarakkal 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 ).
