P.C. Mathukkutty vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.417/2023 of the Thannithodu Police Station, Pathanamthitta, registered against him for allegedly committing the offences under Sections 25(1)(B)(a) of Arms Act and Section 4 r/w 5 of the Explosive Substances Act. The petitioner was arrested on 15.01.2024.

The crux of the prosecution case, is that; on 18.12.2023 at about 14.00 hours, when the Range Forest Officer, Vadasserikkara conducted a search in the residential building of the accused, he found a country gun, 1 kg of white potash, 2 kg of sodium, 22 pieces of led, 5 pieces of iron, 10 gm of gun powder, 50 gm of mansil, 30 aluminum sheets, and gun powder like substances in two bottles. Thus, the accused has committed the above offences.

Heard Sri. Johny K. George, the learned counsel appearing for the petitioner and Smt. Neema. T.V, the learned Senior Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The contraband articles were seized from an abandoned house. The Investigating Officer deliberately implicated the petitioner as an accused. The petitioner is aged 71 years, and he is suffering from various ailments. In any given case, the petitioner has been in judicial custody since 15.01.2024. The investigation in the case is practically complete, and the recovery has been effected. Hence, the petitioner may be released on bail.

The learned Public Prosecutor seriously opposed the application. The Investigating Officer has filed a bail objection report, inter alia, stating that the petitioner had kept explosives in his possession with the sole intention to kill animals. The petitioner is involved in O.R.Nos.4 and 5 of 2023 of the Thannithodu Forest Station, Crime No.416/2023 of the Thannithodu Police Station, and the present crime for committing similar offences. The investigation has revealed that the petitioner had hunted the animals. The meat has been recovered from the petitioner’s house. She contended that if the petitioner is released on bail, he would sabotage the investigation, intimidate the witnesses, and destroy the evidence. Hence, the application may be dismissed.

The learned counsel for the petitioner refuted the above submissions and contended that the petitioner was granted orders of pre-arrest bail in O.R.No.4/2023 and Crime No.416/2023 referred above. Like wise, in Crime No.5/2023, the petitioner was also released on bail, taking into account the fact that the petitioner was not involved in the above offences. Therefore, the allegation that the petitioner has antecedents is incorrect.

After bestowing my anxious consideration of the facts, the materials placed on record, the rival submissions made across the Bar, and especially considering the fact that the petitioner has been in judicial custody since 15.01.2024, that the investigation in the case is practically complete, that the recovery has been effected, and further that the petitioner is aged 71 years and he was granted orders of pre-arrest bail by the Court of Session, as per Annexure A4 and A5 orders in connected crimes, I am of the view that the petitioner's further detention is not necessary. Hence, I am inclined to allow the bail application, subject to stringent conditions.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: :

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the final report has been laid. He shall also appear before the Investigating Officer once a month till the conclusion of the proceedings.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence and keep in possession any fire arms or explosives while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall not leave the territorial jurisdiction of the Court of Session, Pathanamthitta, without previous permission of the Jurisdictional Court.

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court  in  Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].