Allowed

Nazeer.M.S v. State of Kerala

Kerala HC26 Mar 2018Bail Appl./662/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail petition filed under Section 438 CrPC. The petitioner was accused of cheating and criminal breach of trust in a chit fund case where other accused office bearers had undertaken to repay the money. The court held that custodial interrogation was not necessary.

What did the court decide?

Petitioner allowed bail on ₹50,000 bond with two solvent sureties for ₹50,000 each. Conditions include appearing every Saturday, not inducing witnesses, not committing further offences, and obtaining

Nazeer.M.S 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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MONDAY, THE 26TH DAY OF MARCH 2018 / 5TH CHAITHRA, 1940

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Bail Appl..No. 662 of 2018

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AGAINST THE ORDER/JUDGMENT IN CRMC 37/2018 OF SESSIONS COURT,TRIVANDRUM

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CRIME NO. 1832/2017 OF SREEKARIYAM POLICE STATION , THIRUVANANDAPURAM

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PETITIONER/ACCUSED NO.1

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NAZEER.M.S AGED 52 YEARS, S/O. MOHAMMED SALI, M.R.A A-193,KALLAMPALLY, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM

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BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE

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RESPONDENTS/STATE:

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1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031 (CRIME NO. 1832/2017 OF SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM)

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2. STATION HOUSE OFFICER SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM 695 001 (CRIME NO 1832/2017 OF SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM)

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R BY PUBLIC PROSECUTOR SRI.SAJJU.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AL/-

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RAJA VIJAYARAGHAVAN V., J

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B.A. No. 662 of 2018

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= = = = = = = = = = = = = = = = = = Dated this the 26^th day of March, 2018

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ORDER

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This petition is filed under Section 438 of the Code of Criminal Procedure.

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The petitioner herein is the 2^nd accused in Crime No. 1832/2017 of the Sreekariyam Police Station registered under Sections 406 and 420 read with Section 34 of the IPC.

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The accused Nos.1 to 3 are the Secretary, President and Treasurer respectively of the Kerala Vyapari Vyavasai Ekopana Samithi (KVVES), Sreekariyam Unit. According to the de facto complainant, he is a business man and is a member of the KVVES. It is alleged that the accused Nos. 1 to 3 approached him and persuaded him to join a chit run by the KVVES. Believing their words, he joined two chits and paid the monthly installments promptly. A total sum of Rs.5 lakhs was collected from him. However, even after the maturity period, no amount was paid. Alleging that the acts committed by the accused would amount to criminal breach of trust and cheating, a complaint was filed, which

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BA.662/18

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resulted in the registration of the above Crime.

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The learned counsel appearing for the petitioner submitted

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that the allegations levelled against the petitioner is without any basis. According to the learned counsel, the amounts were collected by the General Secretary and Treasurer respectively and the petitioner had no hand in the same. The learned counsel referred to Annexure I minutes of the KVVES and it was submitted that the accused Nos. 1 and 3 had undertaken to repay the entire amount collected by them which was to the tune of Rs.64,65,700/-, out of which the share of the 1^st accused was Rs.36,38,200/- and that of the 3^rd accused was Rs.29,25,000/-. The learned counsel also referred to Annexure-II undertaking dated 18.8.2017 of the General Secretary and the Treasurer. Referring to Annexure-III, it is submitted that a meeting was held in the office of the Assistant Commissioner of Police, Kazhakkottam and a sum of Rs.10 lakhs due to certain subscribers was disbursed in the presence of the Assistant Commissioner. It is submitted by the learned counsel that as early as on 12.12.2017, the petitioner herein had submitted a complaint before the State Police Chief,

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pointing out the gross acts of misappropriation carried out by accused Nos. 1 and 3 and sought for initiation of appropriate action against them. Reference was also made to another complaint which was submitted by the petitioner before the Sub Inspector of Police, Sreekariyam Police Station. These materials are relied on by the learned counsel to contend that the acts of misappropriation and cheating were carried out by accused Nos. 1 and 3 and the petitioner is innocent.

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The learned Public Prosecutor while opposing the prayer submitted that the de facto complainant in his complaint has unequivocally stated that the petitioner herein was also present when he was persuaded to subscribe to the chit conducted by the KVVES. In that view of the matter, Annexures-I to V will not save the petitioner is the submission.

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I have considered the submissions advanced and have gone through the case diary.

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It appears that even prior to the registration of the F.I.R on 21.12.2017, the petitioner has lodged complaints before the State Police Chief as well as the local Sub Inspector

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BA.662/18

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requesting for initiation of action against the errant office bearers of the KVVES. The Minutes of the KVVES and the undertaking made by the accused Nos. 1 and 3 also shows that the prime culprits are accused Nos. 1 and 3.

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Having regard to the nature and gravity of the allegations, the role attributed to the petitioner, the materials in support thereof, the stage of investigation and the antecedents of the petitioner, I am of the considered view that the custodial interrogation at the petitioner is not necessitous for an effective investigation.

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In the result, this petition will stand allowed. In the event of arrest of the petitioner in the aforesaid Crime, he shall be released on bail by the officer effecting the arrest on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

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(i) The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of three months or till the final report is filed whichever is earlier.

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ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

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iii)The petitioner shall not commit any similar offence while on bail.

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iv) If the petitioner intends to leave the country, he shall obtain previous permission from the court having jurisdiction.

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In case of violation of any of the above conditions, the

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jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Raja Vijayaraghavan V., Judge

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al/-27/3xx

Nazeer.M.S v. State of Kerala

Case brief

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Nazeer.M.S v. State of Kerala

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