This order grants bail to Abdul Jamal in four cheating cases involving fraud and non-repayment of loans, subject to conditions including a bond, property charge, and passport surrender.
Bail granted on bond of Rs. 1,00,000 with two sureties, property charge, and passport surrender conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Bail Appl..No. 2742 of 2019
CRIME NO. 346/2018 OF KUNNAMKULAM POLICE STATION , THRISSUR
PETITIONER/ACCUSED:
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.
BY ADV. SRI.RAJIT
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
SR.PP SRI.D.CHANDRASENAN
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:
Bail Appl..No. 2742 of 2019 & CONNECTED CASES
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Bail Appl..No. 2750 of 2019
CRIME NO. 348/2018 OF KUNNAMKULAM POLICE STATION , THRISSUR
PETITIONER/ACCUSED:
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.
BY ADVS. SRI.RAJIT SRI.V.V.JOY
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
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:
Bail Appl..No. 2742 of 2019 & CONNECTED CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Bail Appl..No. 2753 of 2019
CRIME NO. 74/2019 OF VADAKKEKAD POLICE STATION , THRISSUR
PETITIONER/ACCUSED:
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.
BY ADVS. SRI.RAJIT SRI.V.V.JOY
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
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:
Bail Appl..No. 2742 of 2019 & CONNECTED CASES
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Bail Appl..No. 2756 of 2019
CRIME NO. 251/2018 OF KUNNAMKULAM POLICE STATION , THRISSUR
PETITIONER/ACCUSED:
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.
BY ADVS. SRI.RAJIT SRI.V.V.JOY
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
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:
Bail Appl..No. 2742 of 2019 & CONNECTED CASES
5
O R D E R
The petitioner is the accused in Crime Nos.346/2018, 348/2018 and 251/2018 of
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.
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.
several other cases. He was arrested on 9.12.2018 in
Bail Appl..No. 2742 of 2019 & CONNECTED CASES
6
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
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:
(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.
(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
Bail Appl..No. 2742 of 2019 & CONNECTED CASES
7
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.
(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.
(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.
(v) He shall appear before the investigating officer as and when called for and co-operate with the investigation.
(vi) He shall not threaten, coerce or intimidate
Bail Appl..No. 2742 of 2019 & CONNECTED CASES
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the defacto complainants or the witnesses.
Anticipatory bail applications are allowed as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
3 issues framed by the court
Whether bail should be granted to the accused in four criminal cases involving cheating.
Whether strict conditions including security bond, property charge, and surrender of passport can be imposed on bail.
Whether anticipatory bail can be granted on the same terms in connected cases.
1 provisions across 1 enactments
ABDUL JAMAL
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
