High Court of KeralaSingle Judge2024-03-07Bail granted; petition allowed with conditions ...

P.C. Mathukkutty v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 1436 OF 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S. Dias
Judgment Date: 2024-03-07
Court Decision / Holding: The bail application is allowed, with the petitioner to be released on bail on executing a bond for Rs. 1,00,000 with two solvent sureties for equal amount, subject to stringent conditions detailed in the order (appearance before IO every Saturday 9-11 AM until final report; no inducement or tampering with witnesses; no possession of arms or explosives; surrender of passport; restraint from leaving territorial jurisdiction; and consequences for violation of conditions). The court also notes prior pre-arrest bail in connected matters and the ongoing viability of the investigation.
Final Disposition: Bail granted; petition allowed with conditions as specified in the order.

Parties to the Case

Appellants / Petitioners

P.C. Mathukkutty

Respondents

State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Johny K. George
• Athulya Martin

Counsels for Respondents

• Smt Neema T. V

Case Synopsis & Summary

This Bail Application concerns P.C. Mathukkutty, the sole accused in Crime No. 417/2023 of Thannithodu Police Station, Pathanamthitta, who seeks bail under Section 439 CrPC. The prosecution alleges offences under Section 25(1)(B)(a) of the Arms Act and Section 4 r/w 5 of the Explosive Substances Act in connection with a search on 18 December 2023 during which a country-made gun, white potash, sodium, lead, gunpowder-like substances, and related items were recovered from the accused’s residence. The applicant was arrested on 15 January 2024 and has remained in custody since. The defence argues total innocence, claiming the contraband was discovered in an abandoned house and that the investigation has been completed with the recovery, suggesting no risk in release; the accused is aged 71 and suffers from multiple ailments. The prosecution opposes bail, asserting potential interference with witnesses, tampering with evidence, and the accused’s involvement in other forest offences (OR Nos. 4 and 5 of 2023; Crime 416/2023), including meat recovered at his house and hunting allegations. The court notes that the petitioner has already been granted pre-arrest bail in connected matters (Annexures A4-A5) and that investigation is practically complete. Considering the age, health, and passage of time, the court is inclined to grant bail with stringent conditions, including sureties, periodic appearances, non-possession of arms, passport surrender, and territorial restrictions, citing Sushila Aggarwal for permissible actions while on bail.

Provisions of Law Cited

Section 439, CrPCSection 25(1)(B)(a), Arms ActSection 4 r/w 5, Explosive Substances Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The counsel for the petitioner submitted that the accused is totally innocent of the allegations and has been falsely implicated. The contraband items were recovered from an abandoned house, and the Investigating Officer has sensationally implicated the petitioner. The petitioner is 71 years old, has multiple health issues, and has remained in judicial custody since 15.01.2024. The investigation is practically complete and the recovery has been effected. The petitioner’s prior pre-arrest bail in connected matters (O.R. Nos. 4/2023 and 5/2023; Crime No. 416/2023) indicates a lack of involvement in similar offences. Therefore, there is no reasonable ground for denying bail. If released, the petitioner would cooperate with authorities and would not tamper with evidence. The relief sought is in consonance with the period of custody already undergone and the fact that the offences are not of a nature forcing ongoing detention given the completion of investigation.

Contentions of Respondents

The learned Public Prosecutor opposed bail, highlighting the serious nature of the offences and the accused’s alleged intent to hunt animals and cause harm. The prosecution stated that the contraband included explosive materials and that meat was recovered from the petitioner’s house. If released on bail, the petitioner could sabotage the investigation, influence witnesses, and destroy evidence. The Accused is involved in OR Nos. 4 and 5 of 2023 and Crime No. 416/2023, suggesting a pattern of criminal activity. Hence, bail should be refused to preserve the integrity of the investigation and to prevent dilution of evidence or witness intimidation.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State of Delhi and another	2020 (1) KHC 663	Positive	Cited to justify that the Investigating Officer may continue to investigate and take necessary actions, including recoveries, even while the accused is on bail; the court references the principle from this decision to uphold conditionalities and monitor compliance.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 7[TH] DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 BAIL APPL. NO. 1436 OF 2024 ``` ``` CRIME NO.417/2023 OF Thannithodu Police Station, Pathanamthitta ``` ## **`PETITIONER/SOLE ACCUSED:`** ``` P.C. MATHUKKUTTY , AGED 71 YEARS S/O THOMAS CHACKO, PURAMALA ,PUTHENVEEDU, THANNITHODU P.O., THANNITHODU VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689699 ``` ``` BY ADVS. JOHNY K.GEORGE ATHULYA MARTIN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`BY SR PP SMT NEEMA T V`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **B.A. No.1436 of 2024** ``` 2 ``` ## **Dated this the 7[th] day of March, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.417/2023 of the Thannithodu Police Station, Pathanamthitta, registered against him for allegedly committing the offences under Sections 25(1)(B)(a) of Arms Act and Section 4 r/w 5 of the Explosive Substances Act. The petitioner was arrested on 15.01.2024. 2. The crux of the prosecution case, is that; on 18.12.2023 at about 14.00 hours, when the Range Forest Officer, Vadasserikkara conducted a search in the residential building of the accused, he found a country gun, 1 kg of white potash, 2 kg of sodium, 22 pieces of led, 5 pieces of iron, 10 gm of gun powder, 50 gm of **B.A. No.1436 of 2024** ``` 3 ``` mansil, 30 aluminum sheets, and gun powder like substances in two bottles. Thus, the accused has committed the above offences. 3. Heard Sri. Johny K. George, the learned counsel appearing for the petitioner and Smt. Neema. T.V, the learned Senior Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The contraband articles were seized from an abandoned house. The Investigating Officer deliberately implicated the petitioner as an accused. The petitioner is aged 71 years, and he is suffering from various ailments. In any given case, the petitioner has been in judicial custody since 15.01.2024. The investigation in the case is practically complete, and the recovery has been effected. Hence, the petitioner may be released on bail. **B.A. No.1436 of 2024** ``` 4 ``` 5. The learned Public Prosecutor seriously opposed the application. The Investigating Officer has filed a bail objection report, inter alia, stating that the petitioner had kept explosives in his possession with the sole intention to kill animals. The petitioner is involved in O.R.Nos.4 and 5 of 2023 of the Thannithodu Forest Station, Crime No.416/2023 of the Thannithodu Police Station, and the present crime for committing similar offences. The investigation has revealed that the petitioner had hunted the animals. The meat has been recovered from the petitioner’s house. She contended that if the petitioner is released on bail, he would sabotage the investigation, intimidate the witnesses, and destroy the evidence. Hence, the application may be dismissed. 6. The learned counsel for the petitioner refuted the above submissions and contended that the petitioner was granted orders of pre-arrest bail in O.R.No.4/2023 and Crime No.416/2023 referred above. Like wise, in Crime **B.A. No.1436 of 2024** ``` 5 ``` No.5/2023, the petitioner was also released on bail, taking into account the fact that the petitioner was not involved in the above offences. Therefore, the allegation that the petitioner has antecedents is incorrect. 7. After bestowing my anxious consideration of the facts, the materials placed on record, the rival submissions made across the Bar, and especially considering the fact that the petitioner has been in judicial custody since 15.01.2024, that the investigation in the case is practically complete, that the recovery has been effected, and further that the petitioner is aged 71 years and he was granted orders of pre-arrest bail by the Court of Session, as per Annexure A4 and A5 orders in connected crimes, I am of the view that the petitioner's further detention is not necessary. Hence, I am inclined to allow the bail application, subject to stringent conditions. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a ``` 6 ``` ## **B.A. No.1436 of 2024** bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: : (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the final report has been laid. He shall once a also appear before the Investigating Officer month till the conclusion of the proceedings. (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioner shall not commit any offence and keep in possession any fire arms or explosives while he is on bail; ``` 7 ``` ## **B.A. No.1436 of 2024** (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) The petitioner shall not leave the territorial jurisdiction of the Court of Session, Pathanamthitta, without previous permission of the Jurisdictional Court. (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vii) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below. (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the ``` 8 ``` ## **B.A. No.1436 of 2024** information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663]** . Sd/- mtk/07.03.24 **C.S.DIAS, JUDGE** **B.A. No.1436 of 2024** ``` 9 ``` ## **`APPENDIX OF BAIL APPL. 1436/2024`** ## **`PETITIONER EXHIBITS`** ``` Exhibit A1ORDER OF SESSIONS COURT PATHANAMTHITTA DATED 17.02.2024 ``` ``` Exhibit A3 ``` ``` CARDIAC TREATMENT RECORD DATED 12.08.2021 ``` - **`Exhibit A2 TREATMENT RECORD DATED 06.08.2015`** ``` Annexure A4 ``` ``` THE ORDER DATED 10.01.2024 IN CRL.MP NO 8947/2023 OF THE SESSIONS COURT PATHANAMTHITTA IN OR NO 4/2023 OF THANNITHODE FOREST STATION ``` ``` Annexure A5 ``` ``` THE ORDER DATED 10-01-2024 IN CRL.MP NO 9126/2023 OF THE SESSIONS COURT PATHANAMTHITTA IN CRIME NO. 416/2023 OF THANNITHODE POLICE STATION ``` ``` Annexure A6THE ORDER DATED 08-02-2024 IN CRL.MP NO 668/2024OFTHESESSIONSCOURT PATHANAMTHITTA IN CRIME NO. 5/2023 OF THANNITHODE FOREST STATION ```