Saroop A.S And Ors vs State Of Kerala

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicants are accused 1 to 10 in Crime No.970/2020 of Poonthura Police Station for having allegedly committed the offences punishable under Sections 143, 147, 294(b) and 186 read with Section 149 of the I.P.C; under Section 117(e) of the Kerala Police Act and under Section 3(2)(e) of the Prevention of Damage to Public Property Act (PDPP Act).

The prosecution case, in brief, is that the de facto complainant, a Grade Sub Inspector attached to the Poonthura Police Station, got information regarding unlawful assembly and when the police party rushed to the spot, they saw the applicants formed an unlawful assembly with the common object of defying the Government Orders and also hurled abuses at the policemen. Thereafter, they destroyed the Patta Book (Patrol Record Book) and took away the box in which the book was kept and also destroyed the same.

The applicants state that they are innocent and the allegations are not true and that they do not have any criminal antecedents, and therefore, they may be released on pre-arrest bail.

Heard the learned Counsel for the applicants and the learned Public Prosecutor.

The specific allegation under the PDPP Act is that they had destroyed a box which contained the record regarding patrol duty conducted by the police.

That apart, they did not cause any damage to any other property. The applicants do not have any criminal antecedents also. All the remaining offences are bailable. Under the circumstances, I find that custodial interrogation of the applicants may not be necessary.

In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, after interrogation, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidate witnesses or tamper with evidence;

(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

(iii) During the bail period, they shall not get involved in any similar offences.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.