Dismissed

Mohammed Ali v. State of Kerala

Kerala HC8 Dec 2014Bail Appl./7035/2014

Case brief

AI extract

What is this about?

High Court of Kerala dismissed the bail application of the accused lodged for anticipatory bail in a cheating case. The court held that the allegations were grave, serious, and the investigation was pending without a long way to travel. Furthermore, the petitioner had previously violated conditions of anticipatory bail granted in a related case, thus disentitling them to relief.

What did the court decide?

Petitioner's application for anticipatory bail is dismissed.

Mohammed Ali Vs State of Kerala — Cheating and Forgery | Kerala HC (2014)

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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 B.KEMAL PASHA

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MONDAY, THE 8TH DAY OF DECEMBER 2014/17TH AGRAHAYANA, 1936 Bail Appl..No. 7035 of 2014 () -------------------------------

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CRIME NO. 623/2014 OF KUTTIPURAM POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED:

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MOHAMMED ALI, AGED 42 YEARS, S/O ABOOBAKKER, ITTIKAPARAMBIL HOUSE, P.O.THAVANOOR, MUVVANKARA DESOM, PONNANI TALUK, PIN - 679 573. BY ADVS.SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ SRI.V.HARISH

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RESPONDENTS/COMPLAINANT/STATE:

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1.STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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ADDL.R2 IMPLEADED :

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ADDL.R2. BALKEES E.P., D/O. HAMZA, AGED 37 YEARS, PULIKKAL, MUVANKARA DESOM, THAVANOOUR, PONNANI TALUK, MALAPPURAM-679 573.

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ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.12.2014 IN CRL.M.A.NO.9453 OF 2014.

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R1 BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. ADDL.R2 BY ADV. SRI.JACOB SEBASTIAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-12-2014,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DSV/09/12

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B.KEMAL PASHA, J.

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========================

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B.A. No.7035 of 2014

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========================

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Dated this the 8^th day of December, 2014

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the accused in Crime No.623 of 2014

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of Kuttipuram Police Station, registered for the offence punishable under Section 420 IPC.

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The allegation against the petitioner is that he had deliberately cheated and defrauded the defacto complainant woman, by selling his property having an extent of 15 cents in Re-Survey No.14/164 of Thavanur Amsom, by deliberately suppressing the liability created on the property through an equitable mortgage on it, in favour of Ponnani Evening Branch of Malappuram District Co-operative Bank. In the sale deed also he has not revealed the said liability

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BA No.7035/2014

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: 2 :

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created by him over the property.

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Heard learned counsel for the petitioner, the

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learned counsel for the defacto complainant and the learned Public Prosecutor.

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It has come out that there were transactions

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between the husband of the defacto complainant and the petitioner. It is alleged that around ₹1,00,00,000/- was obtained by the petitioner from the husband of the defacto complainant, by making false representations, for which Crime No.728 of 2013 of the Kuttipuram Police Station was registered for the offences punishable under Sections 406 and 420 IPC read with Section 34 IPC. It seems that the petitioner is on anticipatory bail in Crime No.728 of 2013. The contents of the CD prima facie reveal the complicity of the petitioner. The allegations against the petitioner are very grave and serious. The investigation has a long way to go. Over and above it, it has been pointed out that the petitioner had deliberately violated the conditions imposed by this Court while granting anticipatory bail in Crime No.728 of

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BA No.7035/2014

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: 3 :

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2013 in B.A.No.5030 of 2014. Considering all the above, I am satisfied that the petitioner is not entitled to the

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discretionary relief of anticipatory bail in a case like this.

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In the result, this bail application is dismissed.

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Sd/- B.KEMAL PASHA, JUDGE

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DSV/08/12

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// True Copy //

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P.A. To Judge

Mohammed Ali v. State of Kerala

Case brief

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Mohammed Ali v. State of Kerala

Case brief

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