Joji John vs State Of Kerala

Gopinath P., J

This is an application for regular bail

The Petitioner is the accused in Crime No.533/2021 of Vellathooval Police Station, Idukki District alleging commission of offences punishable under Sections 120(B), 379 of the Indian Penal Code and Section 9 of the Kerala Preservation of Trees Act.

The learned counsel appearing for the petitioner submits that the petitioner had approached this Court earlier with an application for anticipatory bail which was rejected by this Court through Annexure- A3 order dated 05-04-2022. It is submitted that challenging Annexure-A3 order, the petitioner had approached the Supreme Court by filing SLP(Crl) No.4449/2022. It is submitted that by Annexure-A4 order, the special leave petition was dismissed and the petitioner was directed to appear before the investigating officer for interrogation for 3 days from the 23rd of May to the 25th of May. It is submitted that the petitioner had appeared before the investigating officer and on 25-05-2022 his arrest was recorded. It is submitted that since the interrogation of the petitioner is substantially completed, and since recovery has also been effected, the continued detention of the petitioner is not necessary in the facts and circumstances of the case.

The learned Additional Director General of Prosecution states that considering the seriousness of the offences committed by the petitioner and considering the fact that the petitioner is a Government servant (on suspension) it would be quite wrong to release the petitioner on bail at this point of time. He submits that if this Court is inclined to grant bail to the petitioner it may on strict conditions to ensure that the petitioner does not interfere with the investigation or influence the witnesses in any manner.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and taking into account the fact that the petitioner had appeared before the investigating officer on 3 days consecutively for the purposes of interrogation as directed by the Supreme Court, and also considering the fact that he has been in custody from 25-05-2022, I am of the opinion that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The Petitioner shall report before the Investigating officer in Crime No.533/2021 of Vellathooval Police Station, Idukki District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.533/2021 of Vellathooval Police Station, Idukki District;

(iv) 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.533/2021 of Vellathooval Police Station, Idukki District may file an application before the jurisdictional Court for cancellation of bail.