Allowed

Usmankutty v. State of Kerala

Kerala HC23 Mar 2018Bail Appl./870/2018

Case brief

AI extract

What is this about?

In a pre-arrest bail petition filed under Section 438 CrPC by the second accused in a case involving forgery and cheating relating to passport application, the High Court of Kerala allowed the application, finding custodial interrogation not necessitous and imposing specific conditions including surrender on Saturdays.

What did the court decide?

Petition allowed; petitioner released on bail on bond of Rs. 50,000 with two solvent sureties each for like sum, subject to specific conditions including surrender on Saturdays.

Usmankutty 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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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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Bail Appl..No. 870 of 2018

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CRIME NO. 130/2018 OF VALIYATHURA POLICE STATION , THIRUVANANDAPURAM

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PETITIONER/2ND ACCUSED

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USMANKUTTY AGED 55 YEARS, S/O. UMMARKUTTY, 5/52, AMBILETHU KIZHAKKATHIL, KARUVATTA, KUMARAPURAM VILLAGE, ALAPPUZHA.

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BY ADV.SRI.A.RAJASIMHAN

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RESPONDENT/STATE:

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R BY PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-03-2018, 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. 870 of 2018

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= = = = = = = = = = = = = = = = = = Dated this the 23^rd 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 arrayed as 2^nd accused in Crime No.130 of 2018 of the Valiyathura Police Station, registered under Sections 465, 468, 471, 419 and 34 of the IPC.

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The 1^st accused, one Shaji, S/o. Meeran Sahib, with the assistance of 2^nd accused applied for a passport from the Kochi Passport Office. While applying the passport, the 1^st accused is alleged to have furnished the address of one Ousman kutty, S/o. Ummerkutty, Pongattuthara house, 4/52, Karuvatta Post, Alappuzha. Alleging that the aforesaid Ousman kutty is the petitioner herein, notice under Section 41A was was issued to him and on its receipt, the petitioner has rushed to this Court and has preferred an application for pre-arrest bail. It is now

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BA.870/18

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submitted that the petitioner has been arrayed as the 4^th accused.

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The learned counsel appearing for the petitioner submits that the petitioner has absolutely nothing to do with the allegations. According to the learned counsel, the petitioner is a fisherman and he had never applied for or obtained a passport. It is further submitted that even if some acts were committed by accused Nos.1 and 2, it is without his knowledge and concurrence.

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Heard the learned Public Prosecutor.

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I have considered the submissions advanced and have gone through the materials on record.

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It appears that there are some discrepancies in the address. Furthermore, the act of forgery and manipulation were carried out by accused Nos 1 and 2.

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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 and his antecedents, I am of the view that

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BA.870/18

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the custodial interrogation of 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 Crime 130 of 2018 of the Valiyathura police station, 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 all Saturdays between 10 a.m. and 11 a.m., for a period of two months or till 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 he intends to leave India, he shall seek prior 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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BA.870/18

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jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate

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orders in accordance with the law.

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Sd/-

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RajaVijayaraghavanV., Judge

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al/-xx

Usmankutty v. State of Kerala

Case brief

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Usmankutty v. State of Kerala

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