Court granted pre-arrest bail to the accused alleging theft of mobile tower materials. Bail was subject to conditions including surrender for interrogation and execution of a bond for Rs. 30,000.
Petitioner enlarged on bail by executing a bond for Rs. 30,000 each with two sureties and complying with conditions for interrogation and non-interference.
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
TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944 BAIL APPL. NO. 466 OF 2023
CRIME NO.402/2022 OF KALLADIKKODE POLICE STATION, PALAKKAD
PETITIONER/ACCUSED:
AJMAL K UMMER AGED 28 YEARS, S/O UMMER, KATTAVAKUNNIL HOUSE, EDAKKURUSSI, KARIMBA, MANNARKKAD, PALAKKAD, PIN - 678597 BY ADVS. T.K.SANDEEP VEENA HARIKUMAR SWETHA R.
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR P G MANU – SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 21st day of March, 2023
This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and the petitioner is the sole accused in crime No.402/2022 of Kalladikkode Police Station, Palakkad.
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on 19.10.2010, GTL Infrastructure Limited was permitted to install a mobile tower in the property of the mother of the petitioner and GTL Infrastructure Limited offered rent for the same. Though, they have paid rent during the period upto 2017, thereafter the same was kept in arrears. Later, the company itself removed the mobile tower and the materials thereof. However, when the petitioner insisted for payment of the rent arrears, false case is foisted with ulterior motives. Submitting so, the learned counsel for the petitioner offered co-operation of the petitioner in the matter of investigation and he also submitted that, the petitioner is ready to be abide by any condition as a pre-requisite for grant of anticipatory bail.
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B.A.No. 466 of 2023
the mother of the petitioner, with offer to pay rent. The alleged overt acts was in between 20.03.2022 and 20.09.2022. Therefore, possibility of a case argued by the learned counsel for the petitioner could not be ruled out in toto. However, the allegations are serious and the same would require effective investigation at the hands of Investigating Officer and I leave the same to the province of the Investigating Officer for independent investigation.
Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:
i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner for one day in between 10.00 am to 04.00 pm and recover the materials, if any. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of
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arrest itself.
ii. On such production, Jurisdictional Court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by himself and by two sureties, each for the like sum to the satisfaction of the Jurisdictional 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.
iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.
v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.
Sd/-
A. BADHARUDEEN JUDGE
SK
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a theft case involving materials of a mobile tower.
1 provisions across 1 enactments
AJMAL K UMMER
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
