Allowed

Danish Majeed v. State of Kerala

Kerala HC20 Oct 2016Bail Appl./6280/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the accused in a cheating case. The judge expressed doubt about the prosecution case and held custody interrogation unnecessary, granting bail with conditions on reporting and no contact with witnesses.

What did the court decide?

Petitioner allowed pre-arrest bail under Section 438 CrPC with conditions to report on Fridays and not contact witnesses.

Danish Majeed Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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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.UBAID

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THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938

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Bail Appl..No. 6280 of 2016 ()

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CRIME NO.728/2016 OF HOSDURG POLICE STATION , KASARAGOD.

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PETITIONER/ACCUSED :

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DANISH MAJEED, S/O.ABDUL MAJEED, AGED 28 YEARS, KOYITTIKANDY HOUSE, KAKKATTIL P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-673 507.

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BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR

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RESPONDENT/COMPLAINANT & STATE :

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.K.A.ANAS

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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P.UBAID, J.

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- - - - B.A.No. 6280 of 2016

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- - - - Dated this the 20^th day of October, 2016

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ORDER

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The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 728 of 2016 of the Hosdurg Police Station, Kasaragod, registered under Section 420 of the Indian Penal Code. He is the sole accused in the above crime.

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The prosecution case is that under a promise that the petitioner would make arrangements to have the complainant's son released on bail, the petitioner received ₹75,000/-, and thus cheated the complainant.

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In the nature of the allegations, I feel it appropriate to grant bail to the petitioners on conditions. There is something to suspect regarding the complaint. It does not appeal to reason, that the complainant paid

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B.A.No. 6280 of 2016

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₹75,000/- to the petitioner herein on the belief that he would see that his son is released on bail. Anyway, in the nature of the allegations, I feel that the petitioner's interrogation in custody is not necessary. Even without such interrogation, the required materials can be collected by the Police.

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In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 40,000/-₹ (Rupees Forty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No. 728 of 2016 of the Hosdurg Police Station, Kasaragod. Bail is granted on condition that;

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a) The petitioner shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Fridays for a period of six weeks.

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b) The petitioner shall not in any manner influence or intimidate the material witnesses, or he

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B.A.No. 6280 of 2016

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-3-

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shall not have any contact with the material witnesses directly or over telephone or otherwise.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Danish Majeed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Danish Majeed v. State of Kerala

Case brief

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What did the court decide?

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