Allowed

Raju Kattakkayam v. State of Kerala

Kerala HC5 Aug 2022Bail Appl./1636/2022

Case brief

AI extract

What is this about?

In a bail application for offences under the Indian Penal Code regarding alleged obstruction of official duty, the Court granted anticipatory bail to the accused public officials and imposed standard conditions including surrender for interrogation and a no-interference clause.

What did the court decide?

Anticipatory bail granted with conditions of bond, appearance, and non-interference with investigation or witnesses.

Raju Kattakkayam Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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BAIL APPL. NO. 1636 OF 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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FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944
BAIL APPL. NO. 1636 OF 2022

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(CRIME NO.165/2022 OF VELLARIKUNDU POLICE STATION, KASARAGOD DISTRICT)

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PETITIONERS/ACCUSED:

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1RAJU KATTAKKAYAM, AGED 58 YEARS
PRESIDENT, BALAL GRAMA PANCHAYAT, BALAL,
KASARAGOD, PIN: 671533.

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2 VINU K.R, AGED 38 YEARS MEMBER, BALAL GRAMA PANCHAYAT, BALAL, KASARAGOD. PIN: 671533.

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3 SHOBY JOSEPH, AGED 45 YEARS MEMBER, PARAPPA BLOCK PANCHAYAT, THADATHIL HOUSE, KARALAM, BALAL, KASARAGOD, PIN – 671533.

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BY ADVS.
O.V.MANIPRASAD
JOSE ANTONY
S.SHIV SHANKAR

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA, (THE SUB INSPECTOR OF POLICE,
VELLARIKUNDU POLICE STATION, CRIME NO. 165/2022)
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - PIN – 682011.

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OTHER PRESENT:

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SR.PP - SMT. SEETHA S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1636 OF 2022

VIJU ABRAHAM, J

BA No.1636 of 2022

Dated this the 5th day of August, 2022

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O R D E R

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This is an application for anticipatory bail.

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The petitioners are accused Nos.1 to 3 in Crime No.165/2022 of Vellarikundu Police Station, alleging commission of offences punishable under Sections 451, 342, 506, 353 and 34 of the Indian Penal Code.

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The prosecution allegation is that on 10.02.2022 at about 10.45 am, accused 1 and 2 who are the President and member respectively of the Balal Grama Panchayath and two other persons, who can be identified trespassed into the office room of the defacto complainant, who is the Secretary of the Balal Grama Panchayath, restrained him in the office room, intimidated him and thereby obstructed his official duty.

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The learned counsel for the petitioners submitted that petitioners 1 and 2 are the President the Member of the Balal Grama Panchayath committee and the third petitioner is the member of the Parappa Block Panchayath committee. The

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BAIL APPL. NO. 1636 OF 2022

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petitioners submitted that the allegations against them are false and incorrect and that the defacto complainant is the Secretary of the Balal Grama Panchayath and the first petitioner is the President and the second petitioner is the committee member. Petitioners relies on Annexure-A2 transfer order by which the defacto complainant was posted to the present panchayath after his suspension order. It is alleged that the defacto complainant was totally irresponsible in duty while he was working as Secretary of the Parathur Grama Panchyath in Palakkad District. In fact, the petitioners continued the very same attitude in the present panchayath also and the panchayath committee as per Annexure-A3 resolution dated 09.02.2022 decided to request the Director of the Panchayath to transfer the defacto complainant from the said panchayath. It is thereafter on 11.02.2022 he has made the present complaint.

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Heard the Learned Public Prosecutor also.

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The learned Public Prosecutor upon instructions

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submitted that the petitioners have obstructed the official duties of the defacto complainant but submitted that petitioners have no other criminal antecedents.

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BAIL APPL. NO. 1636 OF 2022

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Considering the facts and circumstances of the case

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and the nature of the allegations and taking into consideration that the petitioner has no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioners. In the result, this application is allowed. Petitioners shall surrender before the investigating officer in Crime No.165/2022 of Vellarikundu Police Station, on 16.08.2022 at 11 am for interrogation. It is directed that in the event of arrest of the petitioners in Crime No.165/2022 of Vellarikundu Police Station, they shall be produced before the Jurisdictional Magistrate’s Court and they shall be released on bail subject to the following conditions:-

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

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(ii) The petitioners shall appear before the investigating officer in Crime No.165/2022 of

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Vellarikundu Police Station, as and when

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BAIL APPL. NO. 1636 OF 2022

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called for,

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(iii) The petitioners shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.165/2022 of

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Vellarikundu Police Station,

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(iv) The petitioners shall not involve in any

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other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.165/2022 of Vellarikundu Police Station, may file an application before the jurisdictional Court, for cancellation of bail.

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sd/-

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VIJU ABRAHAM, JUDGE

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R.AV

Raju Kattakkayam v. State of Kerala

Case brief

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Raju Kattakkayam v. State of Kerala

Case brief

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