The High Court of Kerala granted anticipatory bail to the sole accused in a theft case involving the cutting of a tree belonging to the Plantation Corporation. The court directed the petitioner to surrender for interrogation.
Anticipatory bail granted contingent upon surrendering for interrogation and executing a bond of Rs.30,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 22ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945
BAIL APPL. NO. 326 OF 2023
CRIME NO.676/2022 OF ADHUR POLICE STATION, KASARAGOD
DISTRICT
PETITIONER/ACCUSED:
PRABHAKARA KALLURAYA AGED 71 YEARS S/O SUBRAYA KALLURAYA, BANADAGADDHE NETTANIGE VILLAGE, KAKKEBETTU KASARAGOD, PIN - 671543 BY ADVS. RESHMA E. O.MINCY SHINCE TOM
RESPONDENTS/COMPLAINANT & STATE:
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER CRIME NO. 676 OF 2022 OF ADHUR POLICE STATION), KASARAGOD DISTRICT, PIN - 671543
BY SR.PUBLIC PROSECUTOR SRI.P G MANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 326 OF 2023 2
ORDER
Dated this the 22nd day of March, 2023
This is an application for anticipatory bail, filed by the
sole accused in Crime No.676/2022 of Adhur Police Station, Kasaragod District.
BAIL APPL. NO. 326 OF 2023 3
standing in his property and the Plantation Corporation would allege that the tree belonged to Plantation Corporation. He also submitted that the property of the petitioner and the property of Plantation Corporation share common boundary. Highlighting absolute innocence of the petitioner, the learned counsel for the petitioner pressed the relief of anticipatory bail, with offer to co-operate with the investigation.
BAIL APPL. NO. 326 OF 2023 4
occurrence.
Accordingly, the bail application is allowed and the petitioner is released on anticipatory bail, by imposing the following conditions:
BAIL APPL. NO. 326 OF 2023 5
court.
iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. He shall meet the Investigating Officer on all Wednesdays in between 10.00 a.m. to
Sd/-
A. BADHARUDEEN
JUDGE
Bb
2 issues framed by the court
Whether anticipatory bail should be granted to the accused charged with theft under Section 379 IPC.
Whether the accused can be subject to interrogation in lieu of bail.
2 provisions across 2 enactments
PRABHAKARA KALLURAYA
STATE OF KERALA
THE STATION HOUSE OFFICER
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
