Sajin Das V S vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the accused No.2 in Crime No.5/2022 of Vigilance and Anti-Corruption Bureau, Idukki Unit Police Station. The offences alleged are punishable under Sections 7(a) and 7(b) of the Prevention of Corruption (Amendment) Act, 2018.

The prosecution case, in short, is as follows: The defacto complainant approached the Grama Panchayat Secretary (1st accused) to remit the house tax arrears. He informed the defacto complainant that the file related to her house could not be found in the computer records and requested her to produce the plan and an application for numbering the building. She then approached the Panchayat office on 27.07.2022. At that time, the applicant, who was the Overseer was also present along with the 1st accused. The applicant demanded a bribe of Rs.1,000/- and collected the same from her. It is further alleged that the applicant also collected another sum of Rs.1,500/- for submitting the plan and connected records before the Panchayat and the Section Clerk demanded an amount of Rs.8,000/- through the applicant. Thereafter, the 2nd respondent arranged a trap and the 1st accused was arrested.

I have heard Sri.S.Rajeev, the learned counsel for the applicant and Smt.S.Rekha, the learned Senior Public Prosecutor. Perused the case diary.

The records would show that no trap was arranged against the applicant. He was not arrested either. The learned Public Prosecutor submitted that custodial interrogation of the applicant is necessary to compare the signature and handwriting of the applicant. The learned Public Prosecutor further submits that voice analysis of the applicant also is necessary to prove the telephonic conversation made between him and the defacto complainant, and for the said purpose, voice sample of the applicant has to be collected. Considering the entire facts and circumstances of the case and also the submission of the learned Public Prosecutor, I am of the view that this anticipatory bail application can be disposed of as follows:

(i) The applicant shall surrender before the investigating officer on 16/03/2023 at 10.00 a.m.

(ii) The investigating officer is free to interrogate the applicant.

(iii) In the event of arrest of the applicant by the investigating officer, he shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(iv) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(v) The applicant shall furnish his handwriting, signature as well as his voice sample for the purpose of investigation as and when demanded.

(vi) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(vii) The applicant shall not commit any offence of a like nature while on bail.

(viii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(ix) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(x) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.