Allowed

Shahul Hameed v. the S.I. of Police

Kerala HC3 Apr 2017Bail Appl./476/2017

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioners accused of cheating, forgery, and offences under the Motor Vehicles Act. The court held that since the case relied on documentary evidence and the financiae had already seized the vehicles, personal detention was not essential for investigation.

What did the court decide?

Petitioners released on bail upon executing a bond of Rs. 1,00,000 with two solvent sureties after interrogation.

Shahul Hameed Vs the S.I. of Police — Contract and Commercial Disputes | 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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MONDAY, THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939

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Bail Appl..No. 476 of 2017 () ------------------------------

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CRIME NO. 2041/2016 OF PALARIVATTOM POLICE STATION, ERNAKULAM

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PETITIONER(S):

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1. SHAHUL HAMEED, AGED 47 YEARS, S/O.ABOOBECKER, RESIDING AT 1023, PRESTIGE COURT YARD, MARINE DRIVE, ERNAKULAM, KOCHI- PIN-682031.

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2. SAJEENA, AGED 44 YEARS, W/O.SHAHUL HAMEED, RESIDING AT 1023, PRESTIGE COURT YARD, MARINE DRIVE, ERNAKULAM, KOCHI- PIN-682031.

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BY ADV. SRI.M.AYYOOBUKHAN

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RESPONDENT(S):

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1. THE S.I. OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT, PIN-682025.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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BY PUBLIC PROSECUTOR SRI. SAJJU S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-04-2017, ALONG WITH BA.636/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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================== B.A. Nos. 476 & 636 of 2017

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K.ABRAHAM MATHEW (J)

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Dated this the 3^rd day of April, 2017

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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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The petitioner in B.A.No.636 of 2017 is the 1^st

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accused and the petitioners in B.A.No.476 of 2017 are the accused Nos. 3 and 4 in Crime No. 2041 of 2016 of Palarivattom Police Station registered for the offences under Sections 201, 406, 418 and 420 of the IPC and Sections 191, 192 and 196 of the Motor Vehicles Act.

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The 1^st accused obtained two loans from the

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victim, Cholamandalam Financiers to purchase vehicles for an amount of Rs. 30 lakhs each. It is alleged that after purchasing the vehicles, he got them registered in the names of accused Nos. 3 and 4 without the knowledge and consent

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B.A. Nos. 476 & 636 of 2017 2

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of the financier. The learned counsel for the petitioners submits that the allegations are false.

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Heard the learned counsel for the petitioners

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and the learned Public Prosecutor.

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It is submitted by the learned counsel for the petitioners that the vehicles have already been seized by the financier. The case mainly depends on the documentary evidence. The detention of the petitioners is not necessary for the completion of the investigation.

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In the result, the application is allowed.

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The petitioners shall be released on bail after interrogation on their executing bond for Rs.1,00,000/(Rupees One lakh only) each with two solvent sureties each for the like sum if they are arrested by the investigating officer in connection with this case.

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They shall not destroy or tamper with

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evidence.

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B.A. Nos. 476 & 636 of 2017 3

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They shall appear before the investigating

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officer for interrogation on the 7^th and 14^th days after their release.

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They shall surrender their passports before

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the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.

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They shall not get himself involved in any

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other criminal case while they are on bail.

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They shall not intimidate or attempt to

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influence the witnesses.

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In case of violation of any of the above conditions,

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the learned Magistrate is empowered to cancel the bail in accordance with the law.

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Sd/-

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K. ABRAHAM MATHEW

JUDGE

SKS

//TRUE COPY//

P.A. TO JUDGE

Shahul Hameed v. the S.I. of Police

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Shahul Hameed v. the S.I. of Police

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