Dismissed

Muhammed Jaseel K.P. v. the Sub Inspector of Police

Kerala HC25 Sept 2018Bail Appl./6158/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a batch of bail applications filed by Muhammed Jaseel K.P. under Section 439 Cr.P.C. in corruption and IPC offences related to bank misappropriation. The court ruled that dismissal of prior High Court bail applications does not preclude the lower court from independently hearing subsequent bail petitions.

What did the court decide?

The bail applications for the petitioner in the mentioned case numbers are dismissed.

Muhammed Jaseel K.P. Vs the Sub Inspector of Police — Corruption | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

¶5

Bail Appl..No. 6219 of 2018

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CRIME NO. 1015/2013 OF VALAPPATANAM POLICE STATION, KANNUR

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C.C.175/2016 OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY

¶8

PETITIONER/S:

¶9

MUHAMMED JASEEL K.P AGED 43 YEARS S/O. K.V.IBRAHIM, JEMS, NEAR MAX NURSERY GARDEN, VALAPATTANAM, KANNUR DISTRICT.

¶10

BY ADV. SUNNY MATHEW

¶11

RESPONDENT/S:

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1 SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION, KANNUR DISTRICT

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2 THE INSPECTOR OF POLICE VALAPATTANAM, KANNUR DISTRICT.

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

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BY SRI. E.C.BINEESH, GP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2018, ALONG WITH B.A.Nos.6197, 6196, 6158 & 6212 of 2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.6219, 6197, 6196, 6158 & 6212 of 2018

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-2-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶22

TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

¶23

Bail Appl..No. 6197 of 2018

¶24

CRIME NO. 1015/2013 OF VALAPPATANAM POLICE STATION , KANNUR

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C.C.18/2017 OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY

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PETITIONER/S:

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MUHAMMED JASEEL K.P.

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AGED 43 YEARS

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S/O.K.V.IBRAHIM, JEMS, NEAR MAX NURSERY GARDEN, VALAPATTANAM, KANNUR DISTRICT.

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BY ADV. SUNNY MATHEW

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RESPONDENT/S:

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1 SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION, KANNUR DISTRICT.

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2 THE INSPECTOR OF POLICE VALAPATTANAM, KANNUR DISTRICT.

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

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BY SRI.E.C.BINEESH, G.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2018, ALONG WITH Bail Appl..6158/2018, Bail Appl..6219/2018, Bail Appl..6196/2018, Bail Appl..6212/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶37

B.A.Nos.6219, 6197, 6196, 6158 & 6212 of 2018

¶38

-3-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶40

PRESENT

¶41

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶42

TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

¶43

Bail Appl..No. 6196 of 2018

¶44

CRIME NO. 1015/2013 OF VALAPPATANAM POLICE STATION , KANNUR

¶45

C.C.5/2018 OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY

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PETITIONER/S:

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MUHAMMED JASEEL K.P.

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AGED 43 YEARS

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S/O.K.V.IBRAHIM, JEMS, NEAR MAX NURSERY GARDEN, VALAPATTANAM, KANNUR DISTRICT.

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BY ADV. SUNNY MATHEW

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RESPONDENT/S:

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1 THE SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION, KANNUR DISTRICT - 670 010.

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2 THE INSPECTOR OF POLICE VALAPATTANAM, KANNUR DISTRICT - 670010.

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

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BY SRI.E.C.BINEESH, GP

¶56

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2018, ALONG WITH Bail Appl..6158/2018, Bail Appl..6219/2018, Bail Appl..6197/2018, Bail Appl..6212/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.6219, 6197, 6196, 6158 & 6212 of 2018

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-4-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶60

PRESENT

¶61

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶62

TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

¶63

Bail Appl..No. 6158 of 2018

¶64

CRIME NO. 1015/2013 OF Valappatanam Police Station , Kannur

¶65

C.C.173/2016 OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY

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PETITIONER/S:

¶67

MUHAMMED JASEEL K.P.

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AGED 43 YEARS, S/O K.V.IBRAHIM, JEMS, NEAR MAX NURSERY GARDEN, VALAPATTANAM, KANNUR DISTRICT.

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BY ADV. SUNNY MATHEW

¶70

RESPONDENT/S:

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1 THE SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION, KANNUR DISTRICT 670001.

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2 THE INSPECTOR OF POLICE VALAPATTANAM, KANNUR DISRICT.

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

¶74

BY E.C.BINEESH, GP

¶75

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2018, ALONG WITH Bail Appl..6219/2018, Bail Appl..6196/2018, Bail Appl..6197/2018, Bail Appl..6212/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶76

B.A.Nos.6219, 6197, 6196, 6158 & 6212 of 2018

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-5-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶79

PRESENT

¶80

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶81

TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

¶82

Bail Appl..No. 6212 of 2018

¶83

CRIME NO. 1015/2013 OF VALAPPATANAM POLICE STATION , KANNUR

¶84

C.C.12/17 OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY

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PETITIONER/S:

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MUHAMMED JASEEL K.P

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AGED 43 YEARS, S/O K V IBRAHIM, JEMS, NEAR MAX NURSERY GARDEN, VALAPATTANAM, KANNUR DISTRICT.

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BY ADV. SUNNY MATHEW

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RESPONDENT/S:

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1 THE SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION, KANNUR DISTRICT.

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2 THE INSPECTOR OF POLICE, VALAPATTANAM, KANNUR DISTRICT.

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3 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, COCHIN-682031. BY ADV. GOVERNMENT PLEADER OTHER PRESENT:

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SRI. E C BINEESH-PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2018, ALONG WITH Bail Appl..6158/2018, Bail Appl..6219/2018, Bail Appl..6196/2018, Bail Appl..6197/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.6219, 6197, 6196, 6158 & 6212 of 2018

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-6-

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COMMON ORDER

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The petitioner has filed the above

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applications under Section 439 Cr.P.C.

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2. The above cases arose out of Crime No.

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1015 of 2013 of Valapattanam Police Station registered for offences under Sections 13(1)(c) and 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act ("the P.C. Act" for short) and Sections 409, 420, 465, 468, 471, 477(A), 109, 201, 118 and 120 (B) of IPC.

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3. The prosecution case is that the

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petitioner while working as Manager in-charge of Valapattanam Service Co-operative Bank, Manna Branch, hatched criminal conspiracy with the other accused and dishonestly misappropriated a sum of Rs. 4,12,58,000.43 by committing forgery and falsification of the accounts. It is alleged

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B.A.Nos.6219, 6197, 6196, 6158 & 6212 of 2018

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that the petitioner, as a public servant, misused his official position and committed

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misappropriation within the purview of Sections 13(1)(c) and 13 (1)(d) read with Sec. 13 (2) of

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the P.C. Act. The above cases related to misappropriation in different periods. The petitioner was arrested on 13-09-2017 and ever since he has been in custody.

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4. Heard.

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5. This Court as per order dated 6.2.2018 dismissed B.A.Nos.483, 484 and 485 of 2018 filed

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by the petitioner and directed the court below to dispose of the cases as expeditiously as

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possible. It was further directed that if at least one of the cases was not disposed of within

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six months, the petitioner would be at liberty to apply for regular bail before the court below.

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The trial is not yet over. However, the petitioner has not so far approached the court

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B.A.Nos.6219, 6197, 6196, 6158 & 6212 of 2018

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-8-

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below for regular bail thereafter.

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6. The learned counsel for the petitioner has submitted that since this Court has dismissed the earlier applications, the court below will not grant bail to the petitioner. I am not able to accept the above submission. If the petitioner

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approaches the court below with bail applications, the court below shall consider and dispose of the said applications independently, in accordance with law, untrammeled by the order of this Court dated 6.2.2018 in B.A.Nos.483 to

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485 of 2018.

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In the result, these bail applications stand

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dismissed.

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Sd/B.Sudheendra Kumar Judge

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Scl/25.09.18

Muhammed Jaseel K.P. v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Muhammed Jaseel K.P. v. the Sub Inspector of Police

Case brief

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What did the court decide?

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