Allowed

Dr K P Hamsakoya v. Union Territory of Lakshadweep

Kerala HC10 Aug 2022Bail Appl./1464/2022

Case brief

AI extract

What is this about?

This is an application for anticipatory bail in a case alleging defamatory posts on Facebook. The single-judge High Court granted pre-arrest bail on stringent conditions, including cooperation with investigation and surrender of a mobile phone, referencing Supreme Court precedents on police investigation powers.

What did the court decide?

Single Judge ordered pre-arrest bail granted subject to conditions, with a further clause for release on bail if arrested, including bond execution, cooperation with investigation, and surrender of sp

Dr K P Hamsakoya Vs Union Territory of Lakshadweep — Anticipatory Bail | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

¶4

WEDNESDAY, THE 10^TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944

¶5

BAIL APPL. NO. 1464 OF 2022

¶6

Crime No.12 of 2021 of Minicoy Police Station, Union

¶7

Territory of Lakshadweep

¶8

PETITIONER/ACCUSED:

¶9

DR K P HAMSAKOYA

¶10

AGED 61 YEARS, S/O.MOHAMMED KOYA KAKKAILLAM (LATE) CHIEF MEDICAL OFFICER (NFSG), AND MEDICAL OFFICER IN CHARGE, GOVERNMENT HOSPITAL, MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 559 (PRESENTLY UNDER SUSPENSION AND ASSIGNED HEAD QUARTERS AT KAVARATTI), PERMANENTLY RESIDING AT KUNHIPAPPADA HOUSE, KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP- 682 557.

¶11

BY ADVS. AJIT G ANJARLEKAR G.P.SHINOD GOVIND PADMANAABHAN ATUL MATHEWS

¶12

RESPONDENTS/COMPLAINANT STATE AND DEFACTO COMPLAINANT:

¶13

1 UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY ITS ADMINISTRATOR , KAVARATHI, LAKSHADWEEP -682 555.

¶14

2 THE STATION HOUSE OFFICER, MINICOY POLICE STATION, MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP - 682 559.

¶15

BY ADVS.

¶16

SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION

¶17

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.1464 of 2022

VIJU ABRAHAM, J.

B.A.No. 1464 of 2022

¶22

Dated this the 10^th day of August, 2022

¶23

ORDER

¶24

This is an application for anticipatory bail.

¶25

The petitioner is the sole accused in Crime No.12 of 2021 of

¶26

Minicoy Police Station, Union Territory of Lakshadweep registered alleging commission of offences punishable under Sections 505 (1) (b), 505 (2) and 500 of the Indian Penal Code and Section 66 (A) (b) of the Information Technology Act, 2000.

¶27

The case of the prosecution is that the petitioner posted defamatory articles in facebook against officers of the Administration of Lakshadweep whereby a negative effect was caused amongst the public against the Administration and and thus committed the abovesaid offences.

¶28

Petitioner submits that he has been falsely implicated in the abovesaid crime and even offence punishable under Section 66 (A) (b) of the Information Technology Act, 2000 is also invoked. Petitioner submits that he is one of the seniormost doctors serving the Lakshadweep Administration and that he is presently under suspension. He further submits that the allegations against him are all false. His further submits

¶29

BA No.1464 of 2022

¶30

¶31

that the allegation that he posted defamatory articles in facebook against officers of the Administration of Lakshadweep whereby a negative effect was caused amongst the public against the Administration is absolutely without any basis. Petitioner contended that the offence under Section 500 IPC cannot be registered without a complaint being filed by a person who has been defamed.

¶32

Learned Standing Counsel for the Lakshadweep Administration upon instructions submitted that the offence under Section 66 (A) (b) of the Information Technology Act, 2000 is incorporated by a mistake and the same has already been deleted. Learned Standing Counsel further submits that petitioner is accused in another crime, ie., Crime No.10 of 2020 of Minicoy Police Station. Learned Standing Counsel also submits that custodial interrogation of the petitioner is necessary as the mobile phone used by the petitioner is to be recovered. To the said contention petitioner submits that he is ready to co-operate with the investigation and surrender the mobile phone.

¶33

Considering the facts and circumstances of the case and the nature of the allegations, I am inclined to grant pre-arrest bail to the petitioner but on stringent conditions.

¶34

Therefore, the bail application is disposed of with the following directions. The petitioner shall surrender before the investigating officer on 29.08.2022 and shall co-operate with the

¶35

BA No.1464 of 2022

¶36

¶37

investigation. In the event of arrest of the petitioner in connection with Crime No.12 of 2021 of Minicoy Police Station, Union Territory of Lakshadweep, he shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:

¶38

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

¶39

(ii) He shall co-operate with the investigation and make himself available for interrogation whenever required;

¶40

(iii) He shall not tamper with any evidence;

¶41

(iv) He shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

¶42

(v) He shall not involve in any other crime while on bail.

¶43

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.12 of 2021 of Minicoy Police Station, Union Territory of Lakshadweep may file an application before jurisdictional court for cancellation of bail.

¶44

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

¶45

BA No.1464 of 2022

¶46

¶47

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) .

Sd/-

VIJU ABRAHAM

JUDGE