Jojo vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The petitioners are accused Nos.1 and 2 in Crime No.97 of 2021 of Iritty Police Station, Kannur District, registered under Sections 451, 332 and 294(b) read with Section 34 of IPC.

The prosecution case is that, on 14.03.2021 at 2.45 p.m, the petitioners trespassed into the Excise Range Office, Iritty and beat the Excise Officials on duty and abused them in filthy language thereby deterred their official duty and caused annoyance to them.

According to the petitioners, in the year 2016, Crime No.111 of 2016 was registered against the 1st petitioner under Section 13 read with Sections 63 and 67 of the Abkari Act, alleging that he was found in possession of excess quantity of Indian Made Foreign Liquor. It was a false case, against which he filed CMP No.3961 of 2016 before the Judicial First Class Magistrate Court, Mattannur. After enquiry, that complaint was dismissed, against which he filed Crl.R.P No.648 of 2017 which is pending consideration of this Court. Again, on 31.12.2020, he was booked in another false case by the Excise Officials and his vehicle was seized. He obtained release order of that vehicle from the Deputy Excise Commissioner, Kannur, and as advised by the Deputy Excise Commissioner, he reached the Excise Office to verify the condition of the vehicle, which was kept there for more than three months. When he reached the Excise Office, he was brutally manhandled by the Excise Officials and he was treated at Taluk Hospital, Iritty for the injuries he had sustained. Thereafter he was treated at AKG Memorial Co-operative Hospital, Talap, Kannur. Apprehending criminal case against the Excise Officials, they lodged a complaint before Iritty Police Station alleging that, the petitioners trespassed into the Excise Office and attacked the Excise Officials. The petitioners are ready to abide by any conditions.

Heard learned counsel Sri.C.P Peethambaran appearing for the petitioners and learned Public Prosecutor.

The medical certificates of the Excise Officials, who were allegedly attacked by the petitioners, were produced for perusal. It shows that, the officials were examined by the Doctor at 4 p.m on 14.03.2021, though the incident occurred at 2.45 p.m on 14.03.2021 as per the First Information Statement.

The available facts are sufficient to show that, the Excise Officials had an axe to grind against the 1st petitioner as he had filed a complaint against them for registering a false case. Crl.R.P No.648 of 2017 filed by the 1st petitioner against the Excise case registered against him, is still pending consideration of this Court. Annexure-1 order of the Deputy Excise Commissioner, Kannur will show that, the vehicle owned by the 1st petitioner was ordered to be released to him, and the contention of the 1st petitioner that he reached the Excise Office to verify the condition of his vehicle is liable to be believed. Though the statement of the de facto complainant shows that, the petitioners reached the Excise Office in an inebriated condition, no drunkenness certificate is there to substantiate their statement.

In an overall consideration of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners.

But they have to co-operate with the investigation. In the result, this application is allowed on the following conditions:

(i) The petitioners are directed to surrender before the Investigating Officer on or before 25.07.2022 and the Investigating Officer can interrogate them and collect all information and materials within their reach, which are relevant for the investigation.

(ii) In the event of arrest, the petitioners shall be released on bail on executing bond for Rs.50,000/-each (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.

(iii) The petitioners shall appear before the Investigating Officer as and when required.

(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(v) They shall not tamper with the evidence.

(vi) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the Jurisdictional  Magistrate  is  empowered  to  cancel  the  bail,  in accordance with law.