Rajeendran C.T. vs State Of Kerala

R.Narayana Pisharadi, J

This is an application for bail filed under Section 439 Cr.P.C.

The petitioner is the third accused in the case registered as Crime No.452 of 2021 of the Kottakkal Police Station.

This is the second application for bail filed by the petitioner before this Court. The earlier application for bail filed by him was dismissed by this Court on 02.11.2021.

The petitioner, who is the third accused in the case, was the Assistant Sub Inspector (Grade) of the Kottakkal Police Station. The fourth accused in the case was the Senior Civil Police Officer (Grade) in the same police station. The first and the second accused in the case were persons who had allegedly transported large quantity of Hans in a vehicle and against whom a case was registered as Crime No.111/2021 of the Kottakkal Police Station.

The case was originally registered on 15.09.2021 under Section 379 read with 34 of the I.P.C. Subsequently, the investigating officer filed a report in the competent court to delete Section 379 I.P.C from the F.I.R and to incorporate Sections 7(a), 8 and 13(1)(a) of the Prevention of Corruption Act, 1988 (for short 'the PC Act') and also Sections 409 and 120B of the Indian Penal Code in the F.I.R.

On 21.04.2021, at about 12:15 hours, the Junior Sub Inspector of Kottakkal Police Station seized the van bearing registration number KL-28/A 2760 in which large quantity of Hans was transported. The first and the second accused who transported the Hans were arrested. The vehicle and the packets of Hans were produced in the Magistrate's Court concerned. The learned Magistrate directed that the van and the Hans shall be kept in the safe custody of the Station House Officer of the police station. Accordingly, the van, including the packets of Hans in it, was parked in the compound of the Kottakkal Police Station. As per the order dated 07.07.2021, the learned Magistrate directed to release the vehicle to the registered owner of the vehicle on interim custody. The vehicle was actually released from the police station on execution of bond by the person concerned on 23.07.2021.

On 15.09.2021, at about 13:00 hours, the Sub Inspector of Kottakkal Police Station received reliable information over his mobile phone that the first and the second accused in the case, with the connivance of some police officials, had committed theft of some Hans packets from the van which was parked in the compound of the police station. The Sub Inspector verified the property and it was found that 12670 packets of Hans were missing. Accordingly, the Sub Inspector registered Crime No.452/2021 of the Kottakkal Police Station under Section 379 read with 34 I.P.C against unknown persons.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the statement filed by the investigating officer.

During the investigation of the case (Crime No.452/2021) it was revealed that the first and the second accused had committed theft of the Hans packets from the van which was parked in the compound of the police station with the assistance of the third and the fourth accused, who were police officials. It was revealed during the investigation that the theft was committed between 22:00 and 24:00 hours on 22.07.2021.

The petitioner, the third accused in the case, was arrested on 16.09.2021.

During the investigation of the case (Crime No.452/2021 of the Kottakkal Police Station) it was further revealed that, with the assistance of the fifth accused in the case, the first and the second accused had contacted the third and the fourth accused and that the third and the fourth accused had demanded bribe for sabotaging the case regarding transporting of Hans. The investigation also revealed that the first and the second accused in the case gave and the third accused obtained an amount of Rs.1,20,000/- as bribe through the fifth accused for removing the packets of Hans from the van.

During the investigation of the case, it has been found out that the theft of Hans was committed from the van which was parked in the compound of the Kottakkal Police Station between 22:00 and 24:00 hours on 22.07.2021. The petitioner was in G.D charge of the police station at that time.

During the investigation of the case, materials have been collected which reveal that it was with the connivance of the petitioner that the first and the second accused committed theft of the Hans packets from the van which was parked in the compound of the police station. It has been further revealed that the petitioner had received an amount of Rs.1,20,000/- from the first and the second accused for assisting them to remove the Hans packets from the van.

The earlier application for bail filed by the petitioner was dismissed by this Court on 02.11.2021 mainly for the reason that a deep probe had to be made into the offences alleged against him under the Prevention of Corruption Act. This Court had then taken note of the fact that the investigating officer had filed a report to his superior officer for entrusting the investigation of the case to the Vigilance and Anti-Corruption Bureau (VACB).

At the time of hearing of the present bail application, in answer to a query made by this Court, learned Public Prosecutor submitted that the VACB has not yet taken over the investigation of the case. In answer to the query made by this Court as to what prevents the VACB from conducting the investigation of the case, learned Public Prosecutor has submitted that necessary orders from the Director General of Police have to be obtained in that regard. In short, inspite of rejection of the application for bail earlier filed by the petitioner, taking note of the fact that a deep probe had to be made by the VACB into the offences under the Prevention of Corruption Act, no effective steps have been taken in that regard. Practically, the investigation of the case has come to a standstill. In such circumstances, further detention of the petitioner in jail is not required.

It is not known whether the records of the case have been transferred from the Magistrate's Court concerned to the Special Court concerned. Therefore, I find that it is proper to direct that the procedural formalities regarding the execution of the bail bond in respect of bail granted to the petitioner shall be done in the Magistrate's Court or the Special Court concerned, where the records are now kept.

Consequently, the application is allowed. The petitioner shall be released on bail on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial First Class Magistrate or the Special Judge concerned.

(ii) The petitioner shall appear before the investigating officer as and when required and he shall co-operate with the investigation of the case.

(iii) The petitioner shall not, in any manner, intimidate or influence the prosecution witnesses or tamper with the evidence in the case.

(iv) If the petitioner violates any of the conditions of bail, the jurisdictional court concerned is at liberty to cancel the bail in accordance with law.