Allowed

Zacharia Varghese v. State of Kerala

Kerala HC12 Feb 2016Bail Appl./496/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail application for the 1st accused in an offence under Sections 143, 147, 353, 506 IPC read with Section 149 IPC. The court held that since the allegation depends on eye witnesses, custodial interrogation was not warranted.

What did the court decide?

Bail granted on conditions of appearing before IO within ten days and undergoing interrogation; ensuring appearance to IO on Mondays and Fridays; and not threatening the complainant or witnesses.

Zacharia Varghese Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937

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Bail Appl..No. 496 of 2016 ()

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CRIME NO. 2248/2015 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT

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PETITIONER/1ST ACCUSED:

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ZACHARIA VARGHESE, AGED 53 YEARS, S/O.VARGHESE, KANJOOPARAMBIL HOUSE, NELLIKKUZHI, KOTHAMANGALAM.

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BY ADV. SRI.T.N.SURESH

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RESPONDENT/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT).

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BY PUBLIC PROSECUTOR SMT. R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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SUNIL THOMAS, J.

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B.A.No.496 of 2016

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Dated this the 12^th day of February, 2016

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ORDER

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The petitioner is the 1^st accused in Crime No.2248/2015 of Kothamangalam Police Station for offences punishable under Sections 143, 147, 353, 506(i) read with Section 149 of IPC.

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The allegation of the prosecution is that on 30.12.2015 at about 11 a.m., when the officials from the Sales Tax Intelligence Department came to the shop of the petitioner herein for official purpose, the accused persons, in furtherance of their common intention obstructed their official function of the officer. Crime was registered thereupon.

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The learned Public Prosecutor opposing the bail application submitted that the petitioner is involved in an identical case as Crime No.2247/2015 that occurred on the same day. It was submitted that in that case also identical allegations are raised against the petitioner herein.

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B.A.No.496 of 2016

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It is seen that the petitioner was granted bail

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in Crime No.2247/2015 by order dated 28.11.2016 in B.A No.495/2016. The allegation against the petitioner herein is to be established by the eye witnesses of the incident. Hence, a custodial interrogation of the petitioner is not warranted. Hence, I am inclined to grant bail to the petitioner on the following conditions:

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(a) Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

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(b) He shall appear before the Investigation Officer on Mondays and Fridays between 9.00 a.m. and 10.00 a.m. for a period of one month from the date of execution of bond as above.

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(c) He shall not threaten, coerce or intimidate the de facto complainant or his witnesses.

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B.A.No.496 of 2016

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(d) He shall appear before the Investigating

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Officer as and when called for and co-operate

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with the investigation.

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The bail application is allowed.

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Sd/- SUNIL THOMAS, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

Zacharia Varghese v. State of Kerala

Case brief

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Zacharia Varghese v. State of Kerala

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