Ajithkumar.N vs State Of Kerala

Dr. Kauser Edappagath, J

These applications are filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

In B.A.No.4530/2023, the applicant is the accused No.1 in Crime No.53/2023 of Feroke Police Station, Kozhikode District. The offences alleged are punishable under Sections 468 and 471 of the Indian Penal Code and Section 66(C) and 66(D) of the Information Technology Act. In B.A.No.4541/ 2023, the applicant is the accused No.1 in Crime No.52/2023 of Feroke Police Station, Kozhikode District. The offences alleged are punishable under Sections 468 and 471 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act.

The prosecution case, in short in both the cases, is that conditional permit was issued to one Dr.Ameer Ali Marakkar from Ramanattukara Municipality to construct a building at the premises of Ramanattukara bypass misery junction. After completion of the construction, the above said Ameer Ali submitted completion plan before the Municipality. When the engineering department inspected the premises it was found that construction of the building was put up in the property, coming under Kerala Conservation of Paddy Land and Wetland Act and Rules, therefore it is involved in the data bank. Hence, show cause was issued to Mr. Ameer Ali. Without giving any reply to the show cause notice, he applied for unauthorised construction number. Therefore to collect the excess tax and assignment for unauthorised construction number the Municipal Secretary entrusted the file to the accused who was the revenue inspector of Ramanattukara Municipality. The facts being so, instead of giving unauthorised construction number to above said Ameer Ali, the applicant fraudulently entered regular building numbers in the Ramanattukara Municipality Assessment Register to appear that it is original and thereby committed the offence.

I have heard Sri.P.V.Anoop, the learned counsel for the applicant and Smt.S.Rekha, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

The investigation conducted so far reveals that the applicant while working as Revenue Inspector allotted ordinary building numbers to Mr. Ameer Ali Marakkar instead of allotting an unauthorised construction number and further without authority added the details of the alleged construction in the Assessment Register. There are prima-facie materials to show the involvement of the applicant in the crime. In these circumstances, I am not inclined to invoke the extra ordinary jurisdiction vested with this Court under Section 438 of the Indian Penal Code.

The learned counsel for the applicant submits that applicant is prepared to surrender before the investigating officer and co-operate with the investigation. In these circumstances, these bail applications are disposed of as follows:

(i) The applicant shall surrender before the investigating officer within one week from today. After interrogation, if the investigating officer finds that the arrest of the applicant is necessary, he shall record the arrest and produce the applicant before the jurisdictional court.

(ii) The bail application, if any, filed by the applicant shall be disposed of by the jurisdictional Court on the same day itself, after hearing both sides, in accordance with law.