Allowed

Abdul Jamal, v. State of Kerala

Kerala HC20 May 2019Bail Appl./2742/2019

Case brief

AI extract

What is this about?

Single judge allowed four connected bail applications filed by accused Abdul Jamal for offences of cheating and criminal breach of trust, granting conditions identical to a prior order including security through property charge and passport surrender.

What did the court decide?

Bail granted on execution of bond for Rs. 1,00,000 with two sureties; property charged to trial court; passport surrendered.

Abdul Jamal, 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 SUNIL THOMAS

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MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941

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Bail Appl..No. 2742 of 2019

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CRIME NO. 346/2018 OF KUNNAMKULAM POLICE STATION , THRISSUR

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PETITIONER/ACCUSED:

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ABDUL JAMAL, AGED 50 YEARS S/O.MUHAMMED, KARUPPAMVEETTIL HOUSE, CHIRANELLUR VILLAGE DESOM, TALAPPILLY TALUK (KUNNAMKULAM TALUK) P.O.CHIRANELLUR, PIN- 680 501, THRISSUR DISTRICT.

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BY ADV. SRI.RAJIT

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RESPONDENT/S:

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

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SR.PP SRI.D.CHANDRASENAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Bail Appl..2750/2019, Bail Appl..2753/2019, Bail Appl..2756/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2742 of 2019 & CONNECTED CASES

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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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MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941

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Bail Appl..No. 2750 of 2019

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CRIME NO. 348/2018 OF KUNNAMKULAM POLICE STATION , THRISSUR

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PETITIONER/ACCUSED:

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ABDUL JAMAL, AGED 50 YEARS S/O.MUHAMMED, KARUPPAMVEETTIL HOUSE, CHIRANELLUR VILLAGE DESOM, TALAPPILLY TALUK, (KUNNAKULAM TALUK) P.O.CHIRANELLUR, PIN- 680 501, THRISSUR DISTRICT.

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BY ADVS. SRI.RAJIT SRI.V.V.JOY

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RESPONDENT/S:

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

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Bail Appl..2753/2019, Bail Appl..2756/2019, Bail Appl..2742/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2742 of 2019 & CONNECTED CASES

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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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MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941

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Bail Appl..No. 2753 of 2019

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CRIME NO. 74/2019 OF VADAKKEKAD POLICE STATION , THRISSUR

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PETITIONER/ACCUSED:

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ABDUL JAMAL, AGED 50 YEARS S/O.MUHAMMED, KARUPPAMVEETTIL HOUSE, CHIRANELLUR VILLAGE DESOM, TALAPPILLY TALUK, (KUNNAMKULAM TALUK), P.O.CHIRANELLUR, PIN - 680 501, THRISSUR DISTRICT.

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BY ADVS. SRI.RAJIT SRI.V.V.JOY

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RESPONDENT/S:

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

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Bail Appl..2756/2019, Bail Appl..2750/2019, Bail Appl..2742/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2742 of 2019 & CONNECTED CASES

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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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MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941

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Bail Appl..No. 2756 of 2019

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CRIME NO. 251/2018 OF KUNNAMKULAM POLICE STATION , THRISSUR

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PETITIONER/ACCUSED:

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ABDUL JAMAL, AGED 50 YEARS S/O.MUHAMMED, KARUPPAMVEETTIL HOUSE, CHIRANELLUR VILLAGE DESOM, TALAPPILLY TALUK, (KUNNAMKULAM TALUK) P.O.CHIRANELLUR, PIN- 680 501, THRISSUR DISTRICT.

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BY ADVS. SRI.RAJIT SRI.V.V.JOY

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RESPONDENT/S:

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

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Bail Appl..2753/2019, Bail Appl..2750/2019, Bail Appl..2742/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2742 of 2019 & CONNECTED CASES

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O R D E R

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The petitioner is the accused in Crime Nos.346/2018, 348/2018 and 251/2018 of

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Kunnamkulam Police Station and Crime No.74/2019 of Vadakkekad Police Station, for offences punishable under sections 406 and 420 read with section 34 of the Indian Penal Code.

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The crux of the prosecution allegation in each

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of the case is that, the petitioner had cheated the defacto complainants by taking huge amounts from them as loan, offering it huge interest and without repaying the principal amount or the dividend as offered. Raising identical contentions, the defacto complainants have filed separate complaints. Crimes were registered and investigation is progressing.

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It is reported that the accused is involved in

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several other cases. He was arrested on 9.12.2018 in

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Bail Appl..No. 2742 of 2019 & CONNECTED CASES

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one of the crimes. He was granted bail by this court by order in BA.No.8804/2018 and connected cases, inter alia, on a condition that he shall furnish security for the

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value of the amount involved in each of the case. Having considered this, I am inclined to grant bail in these four cases also, on the same terms and conditions. Accordingly, the bail applications are allowed as follows:

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(i) In each of the case, petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. After interrogation and identification if any, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum each. Common sureties can be offered in all cases.

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(ii) The property comprised in deed No.712/2005 which document is seized and produced before the trial court with all the buildings and structures thereon shall

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Bail Appl..No. 2742 of 2019 & CONNECTED CASES

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be charged for the liabilities arising from these crimes. Petitioner shall file such an affidavit before court below, within 15 working days from the date of execution of the bond.

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(iii) Petitioner shall ensure that the co-trustee also files an affidavit as above within 15 working days offering the above property as a security and the charge shall be created over the liability. On filing the affidavits, the trial court shall intimate the Sub Registrar's Office regarding the charge created.

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(iv) Petitioner shall surrender his passport within 15 working days from the date of execution of the bond and if not, file an affidavit in this regard before the jurisdictional court. However, further directions regarding the release of the passport will be within the jurisdiction of the concerned jurisdictional court.

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(v) He shall appear before the investigating officer as and when called for and co-operate with the investigation.

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(vi) He shall not threaten, coerce or intimidate

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Bail Appl..No. 2742 of 2019 & CONNECTED CASES

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the defacto complainants or the witnesses.

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Anticipatory bail applications are allowed as above.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//True Copy// PA to Judge

Abdul Jamal, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Jamal, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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