Case BriefsHigh Courts

Kerala High Court: B. Sudheendra Kumar, J. allowed a bail application seeking relief of anticipatory bail for crimes of criminal conspiracy.

In the present case, the third respondent had purchased the property of the petitioner. However, it was alleged that the survey number of the property was shown incorrectly by the petitioner and hence, a case was registered against the petitioner for criminal conspiracy under Section 120-B of the Penal Code, 1860.

The Counsel representing the petitioner, Binoy Vasudevan, applied for anticipatory bail and submitted that the petitioner was not involved in the acts of criminal conspiracy as alleged by the respondents.

The Public Prosecutor for the State opposed the submission of the petitioner. However, he submitted that the petitioner has not been involved in such activities of a similar nature and has no criminal antecedent.

The Court, upon perusal of the documents and facts presented on the record, allowed the bail application and stated that the documents relating to the transaction had been already been seized by the police and no recovery is to be effected from the petitioner. Thus, the custodial interrogation is not necessary and due to the petitioner having no criminal antecedent, the petitioner needs to be released.[Paily Mathew v. State of Kerala, 2019 SCC OnLine Ker 2866, decided on 04-09-2019]

Case BriefsHigh Courts

Orissa High Court: The Bench of Dr A.K. Mishra, J., dismissed an application filed under Section 439 CrPC for a successive bail to release the petitioner. The earlier bail petition was rejected considering the nature and gravity of accusations and stage of trial in a case involving tender fixing. Mr Asok Mohanty, Senior Counsel for the petitioner submitted that after rejection of bail, six witnesses had already been examined and none of them had implicated the accused-petitioner. It was further submitted that if the statements under Section 161 CrPC were seen, the non-disclosure of the complicity of accused-petitioner in the Court would be a pre-trial punishment. Also, another co-accused person had already been released on bail. Additional Standing Counsel, Mr S. Dash opposed the bail stating that certain witnesses were declared hostile and the threat perception to the witnesses could not be ruled out. Further, the present petitioner could not have been said to be in a similar footing as the co-accused person who was released on bail had no criminal antecedent.

The Court held that substantive evidence of some witnesses recorded in the court during trial cannot be the basis to maintain a successive bail petition when other evidence by prosecution is to be brought. Added to that, the present petitioner did not stand in a similar footing as the co-accused person who has already been released on bail. The Court, considering the gravity of allegations, accusations and threat perception which were still available to the witnesses, rejected the application. [Batu v. State Of Odisha, 2019 SCC OnLine Ori 124, Order dated 14-03-2019]