Dismissed

Sherin Kasim v. State of Kerala

Kerala HC3 Oct 2013Bail Appl./6256/2013

Case brief

AI extract

What is this about?

Single judge dismissed bail application involving petitioner accused of masterminding sale of stolen goods. Court held custodial interrogation was necessary, rejecting claim of innocence and directing surrender before investigating officer.

What did the court decide?

Bail application dismissed; directed to surrender to Investigating Officer by 10.10.2013 for subsequent bail proceedings.

Sherin Kasim Vs State of Kerala — Cheating and Forgery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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THURSDAY, THE 3RD DAY OF OCTOBER 2013/11TH ASWINA, 1935

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Bail Appl..No. 6256 of 2013 ()

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------------------------------CRIME NO. 56/2013 OF MEPPADI POLICE STATION , WAYANAD DISTRICT

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------------------------------------

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PETITIONER/6TH ACCUSED:

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SHERIN KASIM,AGED 21 YEARS, S/O.KASIM @ ABOOBAKER, ERAMBATH HOUSE, PAREKAVALA, UDAMBANNOOT, THODUPUZHA, IDUKKI DISTRICT.

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BY ADVS.SRI.P.K.VARGHESE SRI.K.S.ARUN KUMAR

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SMT. P.MAYA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.BHAVADASAN, J.

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Bail Application No.6256 OF 2013 --------------------------------------Dated this the 3^rd day of October, 2013.

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O R D E R

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The petitioner is the 6^th accused in Crime No.56/2013 of Meppadi Police Station who is alleged to have committed the offences punishable under Sections 395 and 397 of Indian Penal Code. The allegation against the petitioner seems to be that he, knowing fully that the article was a stolen one, enabled the other accused to sell the gold ornaments and received a share of the money thereof.

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The petitioner would say that he is innocent and has been falsely implicated in the matter. He denies the allegations against him. It is pointed out that he has been implicated only because he is the brother of the 2^nd accused. He asserts that he had not committed any act as alleged. He therefore seeks pre arrest bail.

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Learned Public Prosecutor opposed the petition and pointed out that the petitioner had an active role to pay in the

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B.A.No.6256/2013

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sale of the stolen goods and he had received a portion of the sale consideration. It is also pointed out that recovery of that item to be made and therefore, custodial interrogation of the petitioner is necessary.

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After having heard the learned counsel for the petitioner, the learned Public Prosecutor and also after having perused the records, the claim of the petitioner that he is totally innocent cannot be countenanced as of now. A deeper probe into the veracity of the allegations is not warranted at this point of time.

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Since the specific allegation is that the petitioner, knowing fully that the article was a stolen one, sold the goods, it may not be proper for this Court to grant anticipatory bail since custodial interrogation would be necessary and recovery of that goods to be made. Therefore, this application is only to be dismissed and I do so.

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However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 10.10.2013 who, after interrogation, shall produce him before the Court concerned who, on an application of bail being moved by the petitioner,

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B.A.No.6256/2013

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shall dispose of the same in accordance with law, preferably on

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the same day itself.

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Sd/-

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P.BHAVADASAN JUDGE

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smp

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// True Copy //

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P.A. to Judge.

Sherin Kasim v. State of Kerala

Case brief

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Sherin Kasim v. State of Kerala

Case brief

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What did the court decide?

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