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2013 Supreme(Online)(KER) 16242
HIGH COURT OF KERALA
P.S.GOPINATHAN, J
RAJAN M.P – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./883/2013
SRI.SUMAN CHAKRAVARTHY
Anticipatory bail may be granted under Section 438 if accusations are substantiated by evidence, despite claims of false implication.
Headnote:
Bail - Criminal Procedure - Code of Criminal Procedure Section 438 - The court interprets the provisions for anticipatory bail, determining eligibility based on the sufficiency of materials presented in the investigation, leading to conditions for bail release.
Fact of the Case:
Petitioners are accused of damaging certain buses during a strike and have filed a petition under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail due to fears of false implication and potential torture by the Investigating Officer.
Finding of the Court:
The court found that the case was registered on sufficient materials and that the damages to the buses were not severe. Hence, it deemed appropriate to grant anticipatory bail, subject to conditions.
Issues: Whether the petitioners are entitled to bail under Section 438 of the Code of Criminal Procedure given the circumstances of their accusation.
Ratio Decidendi: The court established that anticipatory bail can be granted if there is no indication of false accusation and material evidence supports the charges.
Final Decision: Petitioners granted anticipatory bail subject to specified conditions.
O R D E R
Petitioners are accused in Crime No. 43 of 2013 of Fort Police Station for offences punishable under Sections
3(2) (e) of the PDPP Act .
2. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition under Section 438 of Code of Criminal Procedure is filed seeking an order directing the Investigation Officer to release the petitioner on bail in the event of arrest, with a plea that the petitioner was falsely implicated.
3. Having heard either side, it does not appear to be a case of false implication, but a case registered on sufficient materials. It is revealed that in connection with strike, parts of certain buses were damaged. Going through the report submitted by the Investigating Officer it is revealed that the damages sustained to the vehicles are not very high. In the above circumstances, I find that it is appropriate to release the petitioners on bail after arrest and interrogation.
4. In the result, this petition is disposed of. There would be an order directing the petitioners to surrender before the Investigating Officer within a week, failing which this petition would stand dismissed. On such surrender if so advised, the Investigating Officer after arrest, interrogation and recovery, if any, shall produce the petitioners before the Magistrate having jurisdiction so as to enable the petitioners to apply for regular bail. The learned Magistrate on such application shall release the petitioners on bail on executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for like amount to his satisfaction on the following conditions.
1. Petitioners shall make available themselves for interrogation as and when called upon.
2. Petitioners shall not make any promise, inducement or threat to any person who is likely to be acquainted with the facts of the case so as to dissuade him from disclosing such facts to the investigating officer or to the court. 3. The petitioners shall deposit Rs.1,000/-
(Rupees One thousand only) each before the Magistrate. The amount so deposited shall be subject to the result of the prosecution.
