Partly allowed

Abdul Najeeb v. State of Kerala

Kerala HC16 Oct 2018Bail Appl./1704/2018

Case brief

AI extract

What is this about?

The Single Judge of the Kerala High Court dismissed four simultaneously filed anticipatory bail applications regarding identical cheating charges. Finding that the cases were investigated and final reports were laid, the court held there was no compelling reason to grant pre-arrest bail.

What did the court decide?

Dismissal of anticipatory bail applications; direction to approach the jurisdictional court for regular bail.

Abdul Najeeb Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

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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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TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940 Bail Appl..No. 1633 of 2018

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CRIME NO. 291/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED:

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ABDUL NAJEEB, AGED 42 YEARS, S/O. USUF, KAPOOR HOUSE, TALEKODE P.O, MALAPPURAM - 679 341.

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BY ADVS. SRI.SALIM V.S. SRI.H.NUJUMUDEEN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.

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SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1704/2018, Bail Appl..1672/2018, Bail Appl..1637/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.As.1633, 1637, 1672 & 1704/18

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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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TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940

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Bail Appl..No. 1637 of 2018

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CRIME NO. 289/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED:

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ABDUL NAJEEB, AGED 42 YEARS, S/O. USUF, KAPOOR HOUSE, TALEKODE P.O., MALAPPURAM -679341.

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BY ADV. SRI.SALIM V.S.

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RESPONDENT/COMPLAINANT:

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

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SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1704/2018, Bail Appl..1672/2018, Bail Appl..1633/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.As.1633, 1637, 1672 & 1704/18

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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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TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940

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Bail Appl..No. 1672 of 2018

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CRIME NO. 290/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED:

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ABDUL NAJEEB, AGED 42 YEARS, S/O. USUF, KAPOOR HOUSE, TALEKODE P.O, MALAPPURAM - 679 341.

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BY ADVS. SRI.SALIM V.S. SRI.H.NUJUMUDEEN

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RESPONDENT/COMPLAINANT:

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

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SRI AJITH MURALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1704/2018, Bail Appl..1637/2018 AND Bail Appl..1633/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.As.1633, 1637, 1672 & 1704/18

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶46

PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940

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Bail Appl..No. 1704 of 2018

¶50

CRIME NO. 292/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED:

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ABDUL NAJEEB, AGED 42 YEARS, S/O.USUF, KAPOOR HOUSE, THALEKODE P.O., MALAPPURAM-679341.

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BY ADVS. SRI.SALIM V.S. SRI.H.NUJUMUDEEN

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RESPONDENT/COMPLAINANT:

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

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1672/2018, Bail Appl..1637/2018 AND Bail Appl..1633/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.As.1633, 1637, 1672 & 1704/18

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ORDER

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These applications are filed under §438 of the Cr.P.C.

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The applicants in all these bail applications are one and the same person. He faces accusation of having committed offence punishable under Section 420 of the IPC. All these crimes were registered initially at the Perinthalmanna Police Station. However, in the course of investigation, the cases were made over to the Aloor Police Station and new crime numbers were assigned.

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The allegation in all these cases are identical. He is alleged to have received huge sums of money from various persons assuring that job VISA would be provided for employment in Canada. After receiving the amount, when he resiled from his promise, prosecution proceedings were initiated.

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The learned counsel appearing for the applicant submitted that the applicant is innocent.

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The learned Public Prosecutor, on instructions, submitted that these cases were investigated by the Sub Inspector of Police, Alathur Police Station and, after completion of the investigation,

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B.As.1633, 1637, 1672 & 1704/18

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final report has been laid before the jurisdictional court.

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I have considered the submissions advanced and have gone through the materials made available. I find no compelling reason to grant an order of pre-arrest bail to the applicant, more so when final report has already been laid.

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I direct the applicant to appear before the court having jurisdiction and seek regular bail. If an application is filed with advance notice to the concerned Public Prosecutor, the same shall be considered and orders shall be passed expeditiously and on its

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merits.

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These applications are dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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DSV/16/10/18

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//True Copy// P.A.To Judge

Abdul Najeeb v. State of Kerala

Case brief

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Abdul Najeeb v. State of Kerala

Case brief

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