Allowed

Mr.George, v. the State of Kerala

Kerala HC16 Aug 2022Bail Appl./1254/2022

Case brief

AI extract

What is this about?

Single judge allowed an application for anticipatory bail in a criminal case alleging offences regarding the removal of teak trees from disputed property, imposing standard bail conditions.

What did the court decide?

Application allowed; petitioner directed to surrender before investigating officer on 29.08.2022 and released on bail subject to conditions of bond, appearance, and non-interference.

Mr.George, Vs the State of Kerala — Property and Title | Kerala HC (2022)

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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 VIJU ABRAHAM

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TUESDAY, THE 16^TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944

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BAIL APPL. NO. 1254 OF 2022

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CRIME NO.1444/2021 OF OLLUR POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.1:

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MR.GEORGE, AGED 72 YEARS, S/O.THOMAS, KALLOOKKARA HOUSE, OLLUR P.O., THRISSUR, PIN - 680306 BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT HARIKRISHNAN S. ANNA LINDA V.J

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER, OLLUR POLICE STATION, THRISSUR DISTRICT, PIN - 680360

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3 ADDL.R3 ADV. JOHN TONY AKKARAM, AGED 28 YEARS, CURRENTLY RESIDING AT OLD RAILWAY STATION ROAD ERNAKULAM, PIN-682018 WITH PERMANENT ADDRESS AT AKKARA (H), MUSEUM ROAD, CHEMBUKKAVU, THRISSUR. PIN-680020 IS IMPLEADED AS PER ORDER DATED 04/03/2022 IN CRL.MA.NO.1/2022.

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BY ADV SRI.M.C.ASHI - PP ANWIN JOHN ANTONY - R3

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA. No.1254/2022

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O R D E R

Dated this the 16^th day of August, 2022

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This is an application for Anticipatory Bail.

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The petitioner is the 1^st accused in Crime No.1444/2021 of Ollur Police Station, Thrissur alleging commission of offences punishable under Sections 379, 403, 426 and 447 r/w Section 34 of the IPC.

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The prosecution case is that, the petitioner was the Manager of Late John A Akkara during his lifetime and later was working with his children. John A Akkara had executed a will dated 23.05.2000 bequeathing his properties in favour of the brothers. There are disputes between the brothers regarding sharing of the properties bequeathed to them jointly. With the petitioner who have been looking after the properties for the brother Dr.Davis J Akkara since 2005. The family residence at Ollur was allotted to the brothers jointly and later as per the family arrangement, 22 items of properties was managed by the employer of the petitioner and he has produced Anx.1 – true copy of the arrangement entered

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BA. No.1254/2022

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..3..

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between the brothers in this regard. The present complaint is that trees have been cut and removed from the item No.8 property included in Anx.1, which admittedly was allotted to the employer of the petitioner as per Anx.1 and the employer has given an affidavit which is produced as Anx.3, intimating that there is no theft of any trees standing in the property and the case has been registered due to the personal vengeance against the petitioner herein.

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The de facto complainant entered appearance and seriously opposed the application for bail mainly contending that the property from wherein the teak trees were removed belongs to the grand father's brother's property and the de facto complainant has also a beneficiary of the said property.

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I have heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the

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case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 29.08.2022, at 11 a.m. and in the

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BA. No.1254/2022

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..4..

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event of arrest of the petitioner in Crime No.1444/2021 of Ollur Police Station, Thrissur, the petitioner shall be produced before the jurisdictional magistrate and shall be released on bail, subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum

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of Rs.50,000/- (Rupees fifty thousand only)

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with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court ;

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(ii) Petitioner shall appear before the investigating officer in Crime No.1444/2021 of Ollur Police Station, Thrissur as and when summoned to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or

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intimidate any witness in Crime No.1444/2021 of Ollur Police Station, Thrissur;

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(iv) Petitioner shall not involve in any other crime while on bail.

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BA. No.1254/2022

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..5..

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1444/2021 of Ollur Police Station, Thrissur may file an application before the jurisdictional Court, for cancellation of bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663).

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Sd/-

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VIJU ABRAHAM, JUDGE

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ded/16.08.2022

Mr.George, v. the State of Kerala

Case brief

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Mr.George, v. the State of Kerala

Case brief

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