High Court Kerala High Court

Gladson Mathew vs The Station House Officer on 12 March, 2010

Kerala High Court
Gladson Mathew vs The Station House Officer on 12 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5061 of 2009()


1. GLADSON MATHEW, S/O.MATHEW, AGED 20
                      ...  Petitioner
2. JERIN JOSEPH, S/O.JOSEPH, AGED 19

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :12/03/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 5061 OF 2009
             ------------------------------------------------------
              Dated this the 12th day of March, 2010


                                O R D E R

When the Bail Application came up for hearing on 1.3.2010,

the following order was passed:

“This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure. The

petitioners are accused Nos.1 and 2 in Crime

No.352/2009 of Thamarassery Police Station.

2. The offences alleged against the petitioners

are under Sections 323 and 333 of the Indian Penal

Code and Section 3(1) of the P.D.P.P Act.

3. The prosecution case is that the accused

attacked the de facto complainant, while on duty, who

was working as a conductor in a K.S.R.T.C. Bus.

4. When the Bail Application came up for

hearing on various dates, it was submitted that as a part

of the settlement, the driver and conductor of the bus

were compensated, as a result of the mediation talk held

B.A. NO. 5061 OF 2009

:: 2 ::

at the instance of the Trade Union Leaders. It was also

submitted that the petitioners are prepared to

compensate the K.S.R.T.C for the loss sustained by

them. The first petitioner has filed an affidavit and stated

thus:

“On 9/10/2009 myself, second petitioner and our

parents, Sri. George M Thomas, MLA, Varghese Simon

(Advocate), De facto complainant K.C. Sasi (conductor)

Sri. Dasan (driver), the KSRTC Union Leader, Sri.

Pramod, KSRTC Employees Association and other

Union Members sat together and settled the dispute. As

per the joint decision taken in the meeting, it was

decided to give Rs.25,000/- to the de facto complainant

and Rs.5,000/- to driver Dasan. On the same day

Second Petitioners father Mr. Joseph entrusted

Rs.30,000/- to the union leader to Mr. Pramod. It

was also decided in the meeting that our parents will

contact KSRTC officials to compensate the loss and

settle the claim.

On the basis of that the second petitioners father

Mr. Joseph contacted the Hon’ble minister of Transport

Sri. Jose Thattayal by filing a representation.

Considering the representation, minister gave direction

to meet the Managing Director of KSRTC. The second

petitioners father Mr. Joseph approached the managing

B.A. NO. 5061 OF 2009

:: 3 ::

director KSRTC and accordingly managing director

given direction to RTO, Kozhikode to compute the loss.

The RTO, Kozhikode calculated the loss at

Rs.15,000/-, our parents was ready to meet the loss but

RTO, kozhikode is not ready to accept the money

because there is a charge against us under PDPP Act

hence the RTO want a specific direction to receive the

amount. We are ready to compensate the loss of

KSRTC to the tune of Rs.15,000/-. We already paid

Rs.30,000/- to Mr. Pramod as he was the mediator.”

5. In the facts and circumstances of the case, I

am of the view that before disposing of the Bail

Application, an opportunity should be given to the

petitioners to appear before the investigating officer.

Accordingly, there will be a direction to the petitioners to

appear before the investigating officer at 9 A.M. on 8th

March, 2010.

6. Post on 12/03/2010.

7. It is submitted by the learned Public

Prosecutor that the petitioners will not be arrested until

further orders in connection with Crime No. 352 of 2009

of Thamarassery Police Station.

B.A. NO. 5061 OF 2009

:: 4 ::

The petitioners shall produce a copy of this order

before the investigating officer.”

2. It is submitted by the learned counsel for the petitioners as

well as the learned Public Prosecutor that the direction in the order

dated 1.3.2010 has been complied with by the petitioners.

3. Taking into account the facts and circumstances of the

case, the nature of the offence and also taking note of the fact that

the direction in the order dated 1.3.2010 has been complied with by

the petitioners, I am of the view that anticipatory bail can be granted

to the petitioners. There will be a direction that in the event of the

arrest of the petitioners, the officer in charge of the police station

shall release them on bail on their executing bond for Rs.10,000/-

each with two solvent sureties for the like amount to the satisfaction

of the officer concerned, subject to the following conditions:

a) The petitioners shall appear before the investigating
officer for interrogation as and when required;

b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

c) The petitioners shall not commit any offence or indulge
in any prejudicial activity while on bail;

B.A. NO. 5061 OF 2009

:: 5 ::

d) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.

The Bail Application is allowed to the extent indicated above.

(K.T.SANKARAN)
Judge

ahz/