Allowed

Abdul Arshad v. State of Kerala

Kerala HC7 Dec 2016Crl.MC/6427/2016

Case brief

AI extract

What is this about?

The High Court of Kerala directed the petitioners to surrender to the Chief Judicial Magistrate, Kalpetta, by 05.01.2017. The Court ordered the Magistrate to consider applications for recalling warrants and granting bail on the date of surrender.

What did the court decide?

Directed surrender by 05.01.2017; directed Magistrate to consider recall of warrants and grant of bail on date of surrender; directed Magistrate to consider request for two common sureties.

Abdul Arshad Vs State of Kerala — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 7TH DAY OF DECEMBER 2016/16TH AGRAHAYANA, 1938

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Crl.MC.No. 6427 of 2016 () ---------------------------

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CC 243/2015 of C.J.M., KALEPETTA

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PETITIONER(S)/ACCUSED:

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1. ABDUL ARSHAD AGED 38 YEARS, S/O. SAYEED MUHAMMED, KANJIRIKKAPPALLIL, UDAYANAPURAM, VAIKOM

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2. K.T GOPINATHAN, AGED 52 YEARS, S/O. VELAYUDHAN NAIR, KODUVARATHODI, KOLAZHI, MULANKUNNATH KAVU, THRISSUR DISTRICT

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3. DAYAL MENON @ KRISHNA DAYAL AGED 42 YEARS, S/O. BALAKRISHNAN NAIR, KRISHNARCHANA PATTIYIL, KAYAL ROAD THRISSUR DISTRICT

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4. KUNHI MUHAMMED AGED 45 YEARS, POOVAMTHODY HOUSE, VATTALLOOR, KURUVA AMSOM, MALAPPURAM

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5. NOUSHAD AGED 34 YEARS, S/O SAYEED MUHAMMED KANJIRIKKAPPALLIL, UDAYANAPURAM, VAIKOM

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6. NIJI ARSHAD AGED 34 YEARS, W/O. ABDUL ARSHAD, KANJIRIKKAPPALLIL ,UDAYANAPURAM, VAIKOM

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7. JISHAMOL BAIJU AGED 41 YEARS, D/O. CHELLAPPAN, THAZHEPPALLY KOTTAYIL HOUSE, CHARAMANGALAM, MAYITHARA P.O, CHERTHALA, ALAPPUZHA

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8. MAYA PREMLAL AGED 34 YEARS, W/O. PREMLAL, PANIVEKKAL HOUSE, T.V PURAM P.O, VAIKOM

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9. BEENA GOPINATHAN AGED 48 YEARS, W/O. K.T GOPINATHAN, KODUVARATHODY HOUSE, KOLAZHY,MULANKUNNATHU KAVU,THRISSUR

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10. ANEESH MENON AGED 32 YEARS,S/O. GOPALAKRISHNAN NAIR SAI KRISHNA HOUSE, VARIATHU PARAMBU, MAHILASAMAJAM ROAD, MAMMIYOOR, THRISSUR

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11. MANOJ M.C AGED 36 YEARS S/O. CHERIAN, MANALIL HOUSE, KOTTALA P.O, HILLPADY, THRISSUR 12. SASIDHARAN AGED 56 YEARS, S/O. VELU, KALLINGAL HOUSE, AYYANTHOL P.O, KOVILAKAM PARAMB THRISSUR 13. RATHEESH AGED 27 YEARS,S/O. SADANANDAN, KALLANDATH HOUSE, PUTHOOR P.O KAYYANNOOR, THRISSUR

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14. PRADEEP P.B AGED 34 YEARS, S/O. BALAKRISHNAN, PONNAKATH HOUSE, NAMBIAR KUNNU, WAYANAD 15. PRADEESH CHACKO AGED 37 YEARS, S/O. CHACKO, VELLAMATTOM HOUSE, NAGARAM CHANNEL, NOOLPUZHA, WAYANAD

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16. BABURAJ V.A AGED 43 YEARS, S/O. ACHUTHAN, CHIRAKKAMVAYAL HOUSE, CHEERAL, WAYANAD BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE

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RESPONDENT(S)/STATE:

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STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031 (CBCID EOW-III,KOZHIKODE)

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BY PUBLIC PROSECUTOR SRI. AMJAD ALI.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6427 of 2016 () ---------------------------

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APPENDIX

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PETITIONERS' ANNEXURES

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ANNEXURE 1 COPY OF THE STATEMENT ISSUED BY STATE BANK OF TRAVANCORE AND ICICI BANK

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RESPONDENT'S ANNEXURES: NIL

TRUE COPY

P.A. TO JUDGE.

RAJA VIJAYARAGHAVAN.V., J

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- - - - Crl.M.C. No. 6427 of 2016

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- - - - Dated 7^th December, 2016

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ORDER

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1.The petitioners are arrayed as accused in not less than 29 cases which are now pending before the Chief Judicial Magistrate, Kalpetta. Some of the accused were arrested during the crime stage and they were enlarged on bail. Others have not appeared before the learned Magistrate and it is submitted across the Bar that non bailable warrants are chasing all the accused.

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2.The prayer in this petition is to issue necessary directions to the learned Magistrate to consider their application for recall of warrant and grant of bail on the date of surrender itself. It is further prayed that directions be issued to the learned Magistrate to accept two sureties for all the accused as it would be next to impossible to produce separate sureties in all the 29 cases. It is pointed out that a sum of Rs.40 Crores lying in the account of the

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Crl.M.C. No. 6427 of 2016 -2-

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Company has been seized by the authorities and the same would cover the liabilities if any. It is also urged that the sureties are solvent enough and they are having title and possession of property which is worth more than 2 Crores.

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3.The learned Public Prosecutor on instructions submits that allegations centers around a massive fraud perpetrated by the accused and directions of the nature prayed for is uncalled for.

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4.Having regard to the facts and circumstances and taking note of the stage of the proceedings, the petitioners are directed to surrender before the learned Magistrate on or before 5.1.2017. If an application is filed for recalling the warrant and grant of bail, with advance notice to the learned Public Prosecutor, the same shall be considered and orders shall be passed preferably on the date of surrender itself. The petitioners may also request the learned Magistrate to accept two sureties in all the 29

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Crl.M.C. No. 6427 of 2016 -3-

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cases and the learned Magistrate is directed to consider

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the said request on its merits taking note of the peculiar nature of the case.

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sd/-

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RAJA VIJAYARAGHAVAN.V., JUDGE

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kp/-7.12.16

Abdul Arshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Arshad v. State of Kerala

Case brief

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What did the court decide?

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