Allowed

Jamaluddeen v. State of Kerala

Kerala HC21 Mar 2017Bail Appl./1227/2017

Case brief

AI extract

What is this about?

This single-paragraph order grants bail under Section 438 Cr.P.C. to a fourth accused charged with cheating (IPC Sections 420, 406) and kidnapping for ransom (IPC Section 384). The court found detention unnecessary for effective investigation and imposed standard bail conditions.

What did the court decide?

Release on bail after interrogation upon executing a bond of Rs. 1,00,000/- with two sureties, subject to conditions against leaving Kerala without permission and affecting witnesses.

Jamaluddeen Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 21ST DAY OF MARCH 2017/30TH PHALGUNA, 1938

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Bail Appl..No. 1227 of 2017 ()

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CRIME NO.473/2017 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM.

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PETITIONER/4TH ACCUSED:

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JAMALUDDEEN, AGED 66 YEARS, MANAGING DIRECTOR, HIBA EXPORTS, SANYA PLAZA, 3RD FLOOR, NEAR KSRTC BUS STAND, ERNAKULAM, RESIDENT OF "SIVA PRIYA", CHETTAMKUNNU ROAD, THALASSERY.

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BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY)

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RESPONDENT/COMPLAINANT:

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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.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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K.ABRAHAM MATHEW, J.

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B.A.No.1227 of 2017

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Dated this the 22^nd day of March, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the fourth accused in Crime No.473 of 2017 of Central Police Station, Ernakulam registered for the offences under Sections 370(1)(3), 384, 406, 420 and 506 of IPC and Section 25 of the Emigration Rules r/w 24 of the Emigration Act.

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The prosecution case is that he and the co-accused made a promise to the victims or their relatives that they would secure a job visa for them and received from them Rs.15 lakh each. All of this relatives are now employed abroad. The allegation is that the petitioner and the co-accused have not returned to them a document called 'Kampiyala' and certain certificates.

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Heard the learned counsel for the petitioner and the learned Public

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Prosecutor.

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Some other cases registered on the same allegations of different

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persons. In those cases the petitioner was in judicial custody for about 58 days. It appears that in this case also his detention is not necessary for effective investigation. So I am inclined to grant his prayer.

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In the result, this Bail Application is allowed.

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i. The petitioner shall be released on bail

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after interrogation on his executing a bond for

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B.A.No.1227 of 2017 2

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Rs.1,00,000/- (Rupees One lakh only) with two solvent

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sureties each for the like sum if he is arrested by the investigating officer in connection with this case.

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ii. He shall not intimidate or attempt to

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influence the witnesses, nor shall he get himself involved in any other criminal case.

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iii. He shall surrender his passport before the

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lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

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iv. He shall not leave the State of Kerala without the previous permission of the court of enquiry

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or trial court as the case may be.

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If he surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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Jamaluddeen v. State of Kerala

Case brief

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Jamaluddeen v. State of Kerala

Case brief

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What the court decided

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