Vijesh P.P.@ Bijesh vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.1239 of 2023 of Kannur Town Police Station, Kannur District, alleging commission of offences under Sections 332, 341, 353, 427 and 506(i) of the Indian Penal Code and Section 3(1) of the PDPP Act. The allegation against the petitioner is that on 20.09.2023, when the de-facto complainant was conducting a digital survey along with his colleague at Pallikunnu Amsom near Kannav L.P. School, the petitioner unlawfully restrained the de-facto complainant and his colleague and also destroyed the survey device, having an approximate value of about Rs.2,00,000/- and also caused damage to the mobile of the de-facto complainant worth Rs.25,000/-. The petitioner allegedly attacked the de-facto complainant and molested his lady colleague and thereby it is alleged that he had committed the offences alleged against him.

The learned counsel appearing for the petitioner would submit that the allegations are totally false. It is submitted that the petitioner had only objected to a survey being conducted in his property without notice to him. It is submitted that the petitioner had only questioned the act of the de-facto complainant in entering his property without informing him. It is submitted that the allegation that the petitioner had destroyed the survey equipment and a mobile phone of the de-facto complainant is completely false. It is submitted that the survey equipment had fallen down from the hand of the de-facto complainant / his colleague and in order to cover up that incident and to prevent any liability being fastened on the de-facto complaint / his colleague, a false case has been registered against the petitioner. It is submitted that the petitioner has been in custody from 21.09.2023 and he has therefore completed more than 40 days in custody.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioner are pointed to show that there are allegations to attract the offences alleged against him. It is submitted that going by the judgment of this Court in Hemachandran M.T @ Kamalesh and Others v. Sub Inspector of Police and Another [2011(4)KHC 689], the petitioner can be granted bail when an offence under the provisions of the PDPP Act are attracted only if the petitioner deposits the value of the public property that has been allegedly destroyed.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner can be granted bail subject to conditions. The petitioner has already been in custody for 40 days. The allegations against the petitioner are as noticed above. No compelling reason is shown as to why the petitioner must be continued in custody for completion of investigation into the crime registered against the petitioner.

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.1239 of 2023 of Kannur Town Police Station as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.1239 of 2023 of Kannur Town Police Station;

(iv) Taking into consideration of the decision of this Court in Hemachandran M.T @ Kamalesh (supra), the petitioner shall also deposit an amount of Rs.25,000/- (Rupees twenty five thousand only) before the Jurisdictional Court;

(v) 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.1239 of 2023 of Kannur Town Police Station, may file an application before the jurisdictional Court for cancellation of bail.