Allowed

Shahul Hameed T. v. State of Kerala

Kerala HC22 May 2019Bail Appl./2065/2019

Case brief

AI extract

What is this about?

This bail application under Section 438 Cr.P.C. was allowed. The High Court granted anticipatory bail to the petitioner accused of cheating and criminal conspiracy, directing release upon arrest subject to executing a bond and complying with specific investigation conditions.

What did the court decide?

Petitioner allowed anticipatory bail via bond for Rs. 30,000 with two sureties, subject to reporting to the Investigating Officer and non-interference with witnesses.

Shahul Hameed T. Vs State of Kerala — Cheating and Forgery | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

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Bail Appl..No. 2065 of 2019

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CRIME NO. 22/2019 OF Cherpulassery Police Station , Palakkad

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PETITIONER/S:

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SHAHUL HAMEED T. AGED 34 YEARS S/O.MUHAMMED, THAIKKOTTIL HOUSE, VATTAMANNAPURAM, ALANELLUR, MANNARKKAD TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.P.JAYARAM

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RESPONDENT/S:

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

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2 ADDL.R2 RASHEED.P.T. S/O ASSAINAR, PULIMANTHODI HOUSE, THOOTHA, THEKKUMURI PO, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679506.

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IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 05.04.2019 IN CRL.MA NO.01/2019

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BY ADV. SRI.S.RENJITH

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OTHER PRESENT:

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SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2065 of 2019

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ORDER

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The petitioner is the first accused in Crime No. 22 of 2019 of Cherpulasseri Police Station, registered for the offences punishable under Sections 120B and 420 read with Section 34 IPC.

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The prosecution allegation is that the petitioner and the other accused collected a total amount of Rs. 47,50,000/- from the de facto complainant on the promise that they would arrange a loan of Rs. 10 Crores from a private finance company.

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The petitioner has filed this application under Section 438 Cr.P.C.

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Heard.

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Bail Appl..No. 2065 of 2019

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The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence of similar nature. It appears that the 2nd respondent herein filed private complaint before the jurisdictional Magistrate alleging the above said offence against the petitioner and others. The learned Magistrate forwarded the said complaint to Cherpulasseri Police under Section 156 (3) Cr.P.C. Accordingly, the above crime was registered. It is alleged that part of the amount was transacted through the bank. Therefore, the documents pertaining to the said transactions are available with the bank. It appears that no recovery is to be effected from the petitioner. In the said circumstances, the custodial interrogation of the petitioner is not necessary in this case. That apart, there is no criminal antecedent against the petitioner. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

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Bail Appl..No. 2065 of 2019

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In the result, this bail application stands allowed, and the first respondent is directed to release the petitioner on bail , in the event of his arrest in connection with the above said crime, on condition of the petitioner executing a bond for Rs. 30,000/- (Rupees thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer of Cherpulasseri Police Station, before whom the petitioner shall surrender within 10 days, if not arrested in the meantime, and subject to the following further conditions:-

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(i) The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for four months and thereafter, as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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Bail Appl..No. 2065 of 2019

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(iii) The petitioner shall co-operate with the investigation.

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Dated this the 22nd day of May, 2019.

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Sd/- B.Sudheendra Kumar, Judge.

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ani/

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/true copy/

Shahul Hameed T. v. State of Kerala

Case brief

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Shahul Hameed T. v. State of Kerala

Case brief

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