Allowed

Lalu Sebastian v. State of Kerala

Kerala HC3 Jan 2018Bail Appl./1682/2017

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC, the court granted pre-arrest bail to an accused accused of offences under the Essential Commodities Act and related Kerala enactments, subject to conditions regarding interrogation and conduct.

What did the court decide?

Pre-arrest bail granted subject to conditions including appearance before investigating officer, cooperation with investigation, and abstaining from influencing witnesses.

Lalu Sebastian Vs State of Kerala — Bail and Remand | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 3RD DAY OF JANUARY 2018 / 13TH POUSHA, 1939

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Bail Appl..No. 1682 of 2017

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CRIME NO. 2764/2016 OF CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT.

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APPLICANT/ACCUSED NO.2:

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LALU SEBASTIAN. AGED 53 YEARS, S/O.DEVASSY SEBASTIAN, PALATHINKAL HOUSE, CHANGANACHERRY, KOTTAYAM DISTRICT.

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BY ADVS.SRI.M.V.BOSE

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SRI.VINOD MADHAVAN

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RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. THE SUB INSPECTOR OF POLICE

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CHANGANACHERRY POLICE STATION,

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KOTTAYAM DISTRICT – 686 101.

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BY PUBLIC PROSECUTOR SRI.SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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RAJA VIJAYARAGHAVAN V, J.

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B.A.No.1682 of 2017

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Dated this the 3^rd day of January, 2018

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ORDER

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1.This petition is filed under section 438 of the Code of Criminal Procedure.

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The petitioner herein is the 2^nd accused in Crime No.2764 of 2016 of the Changanacherry Police Station, registered alleging offence punishable under Section 7 of the Essential Commodities Act.

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3.According to the prosecution, on 20.07.2016 at 10 a.m, the Taluk Supply Officer, Changanacherry, inspected the godown of the 1^st accused and seized ration articles which are to be distributed through public distribution system. Certain ration articles were also found illegally stored in two vehicles which were parked in the premises. In addition, 660 litres of kerosene, stitching machines and gunny bags with the seal of FCI were allegedly seized from the above godown. Investigation revealed that the offence under Section 5(a) of

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B.A.No.1682 of 2017 -:2:-

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the Kerala Rationing order 1966, Section 3(1) read with Section 6(A) of the Essential Commodities Act, 1955, and Section 16 read with Sec.17 of the Kerala Kerosene Control Act, 1968 are also committed and report was submitted before the jurisdictional court.

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4.The specific allegation against the petitioner is that the godown and one of the vehicle which was parked in the premises were owned by the petitioner herein.

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5.When it was noticed that the goods were infact stored by the 1^st accused in a premise which was occupied by him as a tenant of the petitioner, by order dated 9.11.2017, this Court had directed the petitioner to report before the Investigating Officer for interrogation on 14.11.2017. In pursuance to the aforesaid order, the petitioner had appeared before the Investigating Officer and he has been questioned and his statement was recorded.

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6.Learned Public Prosecutor on instructions submitted that in the

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facts and circumstances and in view of the turn of events as aforementioned, the custodial interrogation of the petitioner

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B.A.No.1682 of 2017

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-:3:-

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may not be essential.

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7.In view of the said submission fairly made by the learned Public Prosecutor, I am of the view that pre-arrest bail can be granted to the petitioner.

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8.In the result, this application is allowed. However, it shall be subject to the following conditions.

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i). The 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 on his executing a bond for a sum of Rs.40,000/(Rupees forty thousand only) with two solvent sureties each for the like sum.

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ii)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

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iii)The petitioner 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/her from disclosing such facts to the court or to any police officer.

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iv)The petitioner shall not commit any similar offence while on bail.

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B.A.No.1682 of 2017

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-:4:-

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v) If he surrenders before the court concerned, this order shall not be applicable and the jurisdictional court may pass appropriate orders.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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RAJA VIJAYARAGHAVAN V., JUDGE

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//True Copy\

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P.A to Judge

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IAP

Lalu Sebastian v. State of Kerala

Case brief

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Lalu Sebastian v. State of Kerala

Case brief

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