Allowed

Thomas Mathew v. State of Kerala

Kerala HC16 Mar 2017Bail Appl./478/2017

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner accused of violating the Essential Commodities Act and Rationing Order. The court found the underlying charge to essentially be a civil dispute regarding a breach of agreement. Bail was allowed with conditions including execution of a bond of Rs. 25,000, two sureties, and prohibitions on influencing witnesses or tampering with ev

What did the court decide?

Granted bail on bond of Rs. 25,000 with two sureties for Rs. 25,000 each and specific undertakings regarding passport, witnesses, and evidence.

Thomas Mathew Vs State of Kerala — Anticipatory Bail | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938

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Bail Appl..No. 478 of 2017

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CRIME NO. 81/2017 OF GANDHI NAGAR POLICE STATION, KOTTAYAM

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PETITIONER(S)/ACCUSED :

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THOMAS MATHEW, AGED 65 YEARS, S/O.VARKEY THOMAS, MONUKANDATHIL HOUSE, AARPUKKARA P.O., KOTTAYAM.

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BY ADVS. SRI.K.R.VINOD

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MS.JENCY SUSAN JOSE SRI.V.SRI NATH SRI.S.ARAVIND

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RESPONDENT(S) :

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.

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BY PUBLIC PROSECUTOR SRI. SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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K.ABRAHAM MATHEW J.

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B.A.No.478 of 2017

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Dated this the 16^th day of March, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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The petitioner is the sole accused in Crime No.81 of 2017 of Gandhi Nagar Police Station, Kottayam district registered for the offence under Section 3 of the Essential Commodities Act and Clause 5(A) of the Rationing Order. He entered into an agreement with the Kerala State Civil Supplies Corporation. He undertook to collect paddy from agriculturists and to deliver it to the Civil Supplies Corporation after processed. Under the agreement he was bound to keep the paddy and rice in hygienic condition and to keep it in bags on which label shall be affixed giving certain particulars. The prosecution case is that all the above conditions were violated.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The breach of agreement entered into by the petitioner and the Kerala State Civil Supplies Corporation is the foundation for this criminal proceedings. It is doubtful whether any offence is disclosed in the complaint filed by the officer concerned. Apparently, this is essentially a civil dispute. For this reason, I am inclined to grant the prayer of the petitioner.

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In the result, this application is allowed.

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The petitioner shall be released on bail after interrogation on his executing a bond for Rs.Twenty five thousand only with two solvent sureties each for the like sum if he is arrested by the Police in connection with this

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B.A.No.478 of 2017 2

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case.

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1. He shall not get himself involved in any other criminal case while he is

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on bail.

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1. He shall not intimidate or attempt to influence the witnesses.

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1. He shall not destroy or tamper with the evidence.

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1. He shall surrender his passport before the lower court concerned or if

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he does not have one he shall file an affidavit to that effect within five days of his release.

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If he surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

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In case of violation of any of the above conditions, the learned Magistrate

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is empowered to cancel the bail in accordance with the law.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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cms

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/True copy/ P.S.to Judge

Thomas Mathew v. State of Kerala

Case brief

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Thomas Mathew v. State of Kerala

Case brief

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