High Court Kerala High Court

Joy Chacko vs State Of Kerala on 14 November, 2008

Kerala High Court
Joy Chacko vs State Of Kerala on 14 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5717 of 2008()


1. JOY CHACKO,
                      ...  Petitioner
2. SAJI CHACKO,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :14/11/2008

 O R D E R
                                 K. HEMA, J.
                 ---------------------------------------------------
                    Bail Appl.No. 5717 of 2008
                 ---------------------------------------------------
           Dated this the 14th day of November, 2008.


                                     ORDER

Petition for anticipatory bail.

2. The alleged offences are under Sections 20(b) (ii)

of the NDPS Act and Section 27 (i)(e)(iii) of the Kerala Forest Act.

According to prosecution, A1 to A6 were found in the forest and

A1 was found in possession of 1.490 kgs. of ganja. Except A2

and A4, other accused were arrested from the spot on 14.7.2008

and ganja was also seized. The persons who allegedly ran away

are petitioners (A2 and A4).

3. Learned counsel for petitioners submitted that

petitioners are brothers and they are absolutely innocent of the

allegations made. They are falsely implicated at the instance of

first accused with ulterior motive. The 2nd petitioner was not even

present at the place of incident on on the alleged date of

occurrence. He was attending a marriage which took place in the

Sub Registrars’ office, Rajakumari on the date and time of

incident. Annexure A1 is a copy of the marriage agreement in

which petitioner has signed as a witness on the same day at Sub

Registrar Office, Rajakumari. The place of occurrence is 200 kms.

away from the Sub Registrar’s office.

4. Learned counsel for petitioners further submitted

that 2nd accused owed an amount of Rs.23,000/- to first accused

[B.A.No.5717/08] 2

and he demanded the money back while there was a quarrel and

the first accused gave a complaint to the Mandalam Committee

stating that 2nd accused had assaulted him. The matter was

settled under the mediation of the President of Congress

Mandalam Committee at Committee office. An agreement was

also executed on the said date. Rs.3000/- was given to the first

accused consequent to the settlement on the very same day.

Annexure-2 is the complaint given by first accused against 2nd

accused before the Committee and Annexure-3 the copy of

settlement. The balance amount is yet to be given. In the light of

this incident, petitioner deliberately implicated the 2nd accused

and his brother in this offence.

5. This petition is opposed. Learned Public Prosecutor

submitted that the incident was witnessed by various officials and

they had seen the accused running away. Their names are

mentioned in the mahazar.(Learned counsel for petitioners

submitted that it is written in the mahazar that the names of 2nd

and 4th accused were given by A3).

6. On hearing both sides, considering the rival

contentions and on perusal of the documents, I am satisfied that

petitioners have a strong and arguable case, which can be

established only at the time of evidence. If petitioners are not

granted anticipatory bail, it is likely that great injustice will be

caused to them.

Hence, I am satisfied that anticipatory bail can be

granted to petitioners on conditions. Hence, the following order is

passed:

[B.A.No.5717/08] 3

1) Petitioners shall surrender before the investigating

officer within 7 days from today and make

themselves available for interrogation and co-

operate with the investigation.

2) In the event of arrest, they shall be released on

bail on their executing bond for Rs.25,000/- each

with two solvent sureties each for the like sum to

the satisfaction of the arresting officer on the

following conditions:

i) Petitioners shall report before the

investigating officer as and when directed.

ii) Petitioners shall not influence or intimidate

any witness or commit any offence while

on bail.

Petition is allowed.

K. HEMA, JUDGE.

Krs.