Allowed

Ashraf @ Achappi v. State of Kerala

Kerala HC7 Nov 2018Bail Appl./7263/2018

Case brief

AI extract

What is this about?

Held the bail application of an accused charged with cheating a bank by pledging spurious gold. Granted bail subject to execution of bond, appearance before investigating officer, no outside Kerala travel, no tampering, and non-involvement in further offences.

What did the court decide?

Accused released on bail in sum of Rs. 50,000/- with three sureties each for Rs. 50,000/- subject to strict conditions.

Ashraf @ Achappi 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 SUNIL THOMAS

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WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940

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Bail Appl..No. 7263 of 2018

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CRIME NO. 619/2018 OF Peravoor Police Station , Kannur

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PETITIONER/ACCUSED:

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ASHRAF @ ACHAPPI AGED 28 YEARS S/O ALIYAR, EDAPPARA HOUSE, PERAVOOR P.O., TALASSERY TALUK, KANNUR DIST.

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BY ADVS. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN SMT.P.V.DENCY SRI.K.J.JOSEPH (ERNAKULAM) SRI.V.JOHN THOMAS

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RESPONDENT/COMPLAINANT:

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

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OTHER PRESENT:

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 7263 of 2018

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O R D E R

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Petitioner herein is the accused in Crime Nos.619 of 2018 of

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Peravoor Police Station for offence punishable under Section 420 of the Indian Penal Code.

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The allegation is that, petitioner herein pledged ornaments, purported to be gold and cheated the bank and received a total sum of Rs.26,28,500/-. It was later identified and crime was registered. Petitioner herein was arrested on 05.08.2018. Petitioner herein seeks bail.

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Opposing the application, learned Public Prosecutor contended that very serious fraud was played on the bank by pledging spurious gold. It was submitted that the money could not be recovered from the petitioner herein.

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He is accused in four other cases. He was granted bail on those cases. Having regard to the period of detention he has already undergone, I am inclined to release him on bail at this juncture on the following strict conditions.

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(i) Petitioner herein shall be released on bail on he executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with three sureties for the like sum each to the

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Bail Appl..No. 7263 of 2018

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satisfaction of the jurisdictional Court. It is made clear that, he shall produce same three sureties in all the different cases in which bail was granted.

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(ii) He shall appear before the investigating officer on all Saturdays between 9 am and 10 am for a period of two months from the date of his release.

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(iii) He shall not leave the State of Kerala without the permission in writing of the jurisdictional court.

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(iv) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses.

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(v) He shall not get involved in any other identical offences.

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Bail application is allowed as above.

SD/-

SUNIL THOMAS

JUDGE

shg

Ashraf @ Achappi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashraf @ Achappi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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