Anas. S vs State Of Kerala

Mohammed Nias C.P.J

Apprehending arrest in Crime No.683/2022 of Mangalapuram Police Station, Thiruvananthapuram District, registered for offences punishable under sections 120B, 420, 465, 468 and 471 read with Section 34 of the Indian Penal Code, the petitioner/ 1st accused has filed this petition seeking pre-arrest bail.

The prosecution case is that on 30.8.2017 at about 2 a.m., the 1st accused sustained injuries in a road traffic accident when a dog suddenly crossed his motorbike. But concealing the said fact, at the instigation of accused Nos.2 and 3, a private complaint was filed before the Judicial First Class Magistrate Court, Attingal, stating that the accident took place on 30.8.2017 at about 8.30 p.m. while the 1st accused was travelling as a pillion in the scooter ridden by the 5th accused and when it hit a pedestrian. Consequently, a crime was registered, and the 5th accused malafidely pleaded guilty. It is alleged that, thereafter, a wound certificate was forged in the name of one Shajahan, whom they claimed to be the pedestrian hit by the scooter, and the 2nd accused filed a claim petition before the Motor Accidents Claims Tribunal, Thiruvananthapuram on behalf of the 1 accused and Shajahan. Later, when the owner of the vehicle appeared and objected, the claim petition was withdrawn, and thereafter, another claim petition was filed before the Motor Accidents Claims Tribunal, Attingal, for the 1st accused and Shajahan, by making the 4th accused as respondent and showing him as the person, who purchased the vehicle subsequently. Thereby, the accused have committed the above offences.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

Considering the submission made by the petitioner that the Advocate Clerk forged the wound certificate to raise a false claim in which the petitioner was injured, an interim order was passed by this Court on 23rd November 2023, directing the petitioner to appear before the Investigating Officer on 27.11.2023 for subjecting himself to interrogation and also on succeeding days till 29.11.2023, if required.

Today, when the matter is taken up, the learned counsel for the petitioner and the learned Senior Public Prosecutor submits that the petitioner has surrendered before the Investigating Officer and was interrogated. In such circumstances and also taking into account the allegations against the petitioner and his contention that the Advocate Clerk committed the act of forgery and that he has no role in the alleged incident and he was the injured person in the accident,

I am inclined to grant anticipatory bail to the petitioner on the following conditions:-

The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

On such production, the jurisdictional court shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

The petitioner shall cooperate with the investigation and make himself available for interrogation and investigation as and when the Investigating Officer directs him to do so.

The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

The petitioner shall not be involved in any offence while on bail.

If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.