Bombay High Court
Konnath Muralidharan vs The State Of Maharashtra on 31 March, 2021
Author: Bharati Dangre
Bench: Bharati Dangre
1/4 24 IA-960-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.960 OF 2021
IN
BAIL APPLICATION NO.488 OF 2018
Konnath Muralidharan .. Applicant
Vs.
The State of Maharashtra .. Respondent
...
Mr.Karl Rustomkhan for the Applicant.
Mrs.S.S.Kaushik, A.P.P. for the State.
ASI Mohan Dongane attached to ATS, Pune Unit present.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 31ST MARCH, 2021. P.C:-
1. By the present application, the applicant, who is aged 67 years, seeks modifcation of the condition, to which he was subjected to while being released on bail by order dated 25 th February, 2019.
2. The applicant is arraigned as an accused in Crime No.7 of 2015 invoking Sections 419, 467, 468, 471 read with Section 34 of the Indian Penal Code ("the IPC") and Sections 10, 13, 20, 38 and 39 of the Unlawful Activities (Prevention) Act. The order releasing him on bail imposes the following stipulations:-
M.M.Salgaonkar ::: Uploaded on - 01/04/2021 ::: Downloaded on - 01/04/2021 22:34:51 ::: 2/4 24 IA-960-21.odt "(A) The Applicant be released on bail in Crime No.7 of 2015 for an offence punishable under Sections 419, 467, 468, 471 read with Section 34 of the Indian Penal Code and Sections 10, 13, 20, 38 and 39 of the Unlawful Activities (Prevention) Act on executing PR bond of Rs.1.00 Lac with one or more sureties in the like amount.
(B) The Applicant shall neither tamper the evidence of prosecution nor infuence the prosecution witnesses.
(C) The Applicant shall furnish his contact numbers, both-mobile and landline and permanent residential address with the Investigating Offcer and the learned Special Court before which the case of the Applicant is pending framing of charge.
(D) The Applicant shall attend the concerned police station, initially for a period of one year once in a fortnight i.e. on every 1st and 16th of each English Calendar month and thereafter in frst week of each English Calendar Month.
(E) The Applicant shall deposit passport if any, held by him before his actual release, with the Special Court."
3. By the present application, the applicant seeks modifcation of condition No.(D). This modifcation is sought primarily on two grounds, frst being the advance age of the applicant and second being the Covid-19 pandemic, resulting into the restrictions being imposed by the Government of M.M.Salgaonkar ::: Uploaded on - 01/04/2021 ::: Downloaded on - 01/04/2021 22:34:51 ::: 3/4 24 IA-960-21.odt Maharashtra and Kerala, contemplating the travellers/ applicant to undergo a Covid test (RT-PCR/Rapid Antegen Test), each time upon his arrival from Kerala and further criteria of quarantine. The applicant being in advanced age, is also apprehensive that while travelling, he may get infected and would take ill. The modifcation is, therefore, sought of the condition, which make it imperative to attend the concerned police station in the frst week of each English Calender month, which was the condition made applicable after one year. This condition make it imperative for the applicant to report to the Police Station in Mumbai every month.
4. On the last date of hearing, when the learned APP was asked to seek instructions whether the applicant has abided by the condition imposed by this Court, her answer is in the affrmative and she positively state that there was no lapse on his part in complying any of the conditions.
5. The applicant was also directed to submit his permanent address. The son of the applicant, has placed on record an affdavit thereby affrming that he is residing on the address mentioned in the affdavit and his father i.e. the present applicant has joined him on the said address since September, 2019. Alongwith the affdavit, the deponent has also annexed his Aadhar Card, which contain the same address as has been mentioned in the affdavit. The affdavit sworn on 26 th March, 2021 by one Nachikethas Muraleedharan Jenny, is taken on record. It is informed by the learned for the applicant that the concerned Police Station for the address given in the affdavit M.M.Salgaonkar ::: Uploaded on - 01/04/2021 ::: Downloaded on - 01/04/2021 22:34:51 ::: 4/4 24 IA-960-21.odt is Njarackal Police Station, Kochi. The applicant undertake that he would abide by stipulation No.(D) by attending the said police station in the frst week of each English Calendar month and that is the only modifcation, which he seek.
6. The learned APP, on the basis of the instructions obtained from the Offcer, who is present in Court, state that the said condition can be modifed to that extent, but at the same time, the applicant should continue to mark his presence in the ATS Kalachowki Police Station in terms of the order dated 25th February, 2019, by reporting once in every month, following the two months when he mark his attendance in the Njarackal Police Station, Kochi.
The Investigating Offcer or the person in-charge of the police station would give the applicant, an certifcate of attendance and this certifcate shall be deposited by him in ATS Kalachowki Police Station.
With the aforesaid stipulation, condition No.(D) imposed by order dated 25th February, 2019, stands modifed to the aforesaid extent.
7. Needless to state that all other stipulations in the order dated 25th February, 2019, shall be strictly adhered to, by the applicant.
8. Interim Application No.960 of 2021 stands disposed of accordingly.
SMT. BHARATI DANGRE, J.
M.M.Salgaonkar ::: Uploaded on - 01/04/2021 ::: Downloaded on - 01/04/2021 22:34:51 :::