B.Shaju vs State Of Kerala

K.Babu, J

This application is filed under Section 438 of the Code of Criminal Procedure.

The  petitioner  is  the  sole  accused  in  Crime No.1784/2021 of Central Police Station, Ernakulam. The offences alleged against the petitioner are punishable under Sections 170 and 420 of IPC and Section 7(a) of the Prevention of Corruption Act, 1988.

The petitioner was working as a Laison Officer for the Department of Agriculture in the High Court of Kerala. The petitioner/accused received a sum of Rs.10,000/- from the defacto complainant after making her believe that he would help her in getting a protection order in a litigation pending before the High Court.

The case of the petitioner/accused is that he is innocent of the allegations levelled. According to the petitioner, the defacto complainant had given him a sum of Rs.10,000/- towards the fees for filing a case. He received the amount with the intention of giving it to a lawyer. According to the petitioner/accused, he had never represented to the defacto complainant that he would help her in getting any order as pleaded by the prosecution.

On 26.07.2022, the petitioner was directed to appear before the Investigating Officer for interrogation for a period of three days from 29.07.2022 to 31.07.2022.

The petitioner complied with the direction of this Court. He appeared before the Investigating Officer for interrogation.

When the matter was taken up for hearing on 01.08.2022, the learned Senior Public Prosecutor submitted that the petitioner/accused had not surrendered the Mobile Phone along with the SIM card allegedly used by him during the relevant period. Thereafter, on 01.08.2022, this Court directed the petitioner/accused to surrender the Mobile Phone along with the SIM card on 02.08.2022 at 8.00 a.m.

The learned Senior Public Prosecutor submitted that the petitioner surrendered the Mobile Phone along with the SIM card to the Investigating Officer as directed by this Court.

The case of the petitioner is that he was only acting as a facilitator to the defacto complainant to get legal assistance from a lawyer and that the amount of Rs.10,000/- was received to be tendered to the lawyer.

The learned counsel for the petitioner/accused submitted that the petitioner/accused had not obtained any wrongful gain or caused any wrongful loss to the defacto complainant. The learned counsel submitted that he has not misused his official position. It is further submitted that the amount received by the petitioner/accused was actually handed over to the lawyer for initiating legal steps for and on behalf of the defacto complainant.

The learned Senior Public Prosecutor submitted that the custodial interrogation of the petitioner/accused is not required.

Having gone through the entire materials and the submissions on both sides, this Court is of the view that there is some doubt as to the genuineness of the allegations levelled against the petitioner. There is no possibility of the petitioner to flee from justice. This Court finds that the petitioner could establish a prima facie case for getting the benefits contained in Section 438 of Cr.P.C.

In the result, the bail application is allowed as follows:

(1) The Assistant Commissioner of Police, Kochi City, is directed to release the petitioner on bail, in the event of his arrest, on his executing bond for  Rs.50,000/-  (Rupees  Fifty  Thousand  only) with two solvent sureties each for the like sum.

(2) The petitioner/accused shall co-operate with the investigating agency.

(3) The petitioner/accused shall appear before the Investigating Officer as and when required.

(4) The petitioner/accused shall not influence the witnesses in this case or tamper with the evidence.