John Jacob vs State Of Kerala

Mohammed Nias C.P., J

Apprehending arrest in Crime No.603/2023 of Munnar Police Station, Idukki, registered for offences under Sections 447 of the Indian Penal Code and Sections 7(a) and 7(d) of the Kerala Land Conservancy Act, 1957, the sole accused has filed this petition.

The prosecution allegation is that, on 13.03.2023, while the de facto complainant was working as the Village Officer, Pallivasal, the petitioner encroached about 5 cents of Government land in Sy-No.165/1-1 of Block No.15 of Pallivasal village and carried out construction works near Aranyaka resort situated at Pallivasal-Attukad road.

The learned counsel appearing for the petitioner and the learned Public Prosecutor, who opposed the application, were heard.

After hearing the rival submissions and taking into account the fact that in the writ petition filed by the petitioner challenging the proceedings under the Land Conservancy Act, the order of status quo has been passed evident from Annexure 3, I am inclined to grant anticipatory bail on the following conditions:

(i) The petitioner is directed to surrender before the Investigating Officer within ten days 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.

(ii) 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.

(iii) 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.

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

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

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