IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940

                   Bail Appl..No. 7277 of 2018

     CRIME NO. 347/2018 OF Pudukkad Police Station , Thrissur



PETITIONER/ACCUSED NO.2:


             KUNJUMON.P.P
             AGED 55 YEARS
             S/O POULOSE,
             POTTAKARAN HOUSE,
             ANGAMALI,
             ERNAKULAM DISTRICT,
             PIN-683572

             BY ADV. SRI.P.K.VARGHESE



RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA.



OTHER PRESENT:
             SR.PP C.N PRABHAKARAN


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A.7277/18
                                           2




                                       ORDER

Petitioner herein is the second accused in Crime No.347 of 2018 of Pudukkadu Police Station for offences punishable under sections 269, 277 and 278 of the Indian Penal Code and section 43 of the Water (Prevention and Control of Pollution) Act, 1974.

2. The allegation of the prosecution is that, lorry of the petitioner herein was used for dumping human faeces into the Manali river. According to the petitioner herein, in fact, he has leased out the vehicle to one Shaiju on 10.04.2018 evidenced by Annexure-I agreement. According to him, he is not in control and management of the affairs of the vehicle at present. So criminal liability cannot be cast on him, it was contended.

3. The above contention is a matter of investigation. It was contended by the learned Public Prosecutor that the petitioner herein is involved in an earlier crime on identical allegation. It seems that the vehicle has been seized by the police. Having considered this, I do not feel that, custodial interrogation of the petitioner herein is absolutely essential. However, he has to co-operate with the investigation. Accordingly, pre- arrest bail application of the petitioner herein is allowed as follows.

(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, B.A.7277/18 3 he shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall co-operate with the investigation, which includes, production of any document relating to the above vehicle including the original of Annexure-1, if called for by the investigating officer in the course of investigation.

(iv) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

Sd/-

SUNIL THOMAS JUDGE Sbna/