Allowed

Shameer Muhammed v. State of Kerala

Kerala HC8 Mar 2021Bail Appl./1140/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 CrPC, the High Court of Kerala allowed bail to the 8th accused in a cheating and criminal breach of trust case involving spurious gold. The court noted the applicant's clean record and lack of need for custodial interrogation, granting bail subject to surrender and cooperation with police.

What did the court decide?

Application allowed; directed to surrender within two weeks; bail on execution of bond with two sureties pending arrest.

Shameer Muhammed Vs State of Kerala — Corruption | Kerala HC (2021)

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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 ASHOK MENON

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MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

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Bail Appl.No.1140 OF 2021

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CRIME NO.275/2020 OF Anchalummoodu Police Station , Kollam

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PETITIONER/S:

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SHAMEER MUHAMMED AGED 34 YEARS, SHEMINA MANZIL, NJARACKAL, THRIKKARUVA VILLAGE, KOLLAM – 691602.

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BY ADVS. SHRI.ABRAHAM MATHAN SHRI.CIMIL CHERIAN KOTTALIL

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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2 SAJEEV AGED 52 YEARS THOTTAMKANDATHIL, NENMENI CHERRY, MANTRO THURUTHU VILLAGE, ANCHALUMMOODU, KOLLAM – 691502.

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R1 BY SRI.M.R.DHANIL -PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.1140 OF 2021

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O R D E R

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Dated this the 8th day of March 2021

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This is an application for anticipatory bail under

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Section 438 of Cr.P.C.

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The applicant is the 8th accused in Crime

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No.275/2020 of Anchalummoodu Police Station for having

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allegedly committed the offences punishable under Sections 406, 409 and 420 read with Section 34 of the I.P.C.

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The prosecution case, in brief, is that the

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applicant in furtherance of common intention with seven other accused, dishonestly pledged spurious gold

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ornaments in the KSFE Prakulam Branch with the

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connivance of the 1st accused, who was the Appraiser,

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between the period from January 2019 to 12.03.2020 and

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obtained a total sum of Rs.9,20,605/- as a loan on the

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ornaments pledged. The offence came to light on

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10.03.2020 when the Branch Manager of KSFE Prakulam

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Bail Appl.No.1140 OF 2021

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Branch examined one of the packets and found it to be spurious gold and thereafter the entire gold ornaments which were allegedly pledged by the accused in this crime were examined and found to be spurious. The 1st accused was arrested on 13.03.2020 and several other accused were also arrested.

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The applicant states that he is innocent and the allegations are not true and he is willing to cooperate with the investigation and custodial interrogation of the applicant may not be necessary as he is not likely to flee from justice. The 6th accused has already been granted pre-arrest bail, and the applicant is similarly placed, and therefore, seeks pre-arrest bail.

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Heard the learned Counsel for the applicant and the learned Public Prosecutor.

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The learned Public Prosecutor admits that the applicant has no criminal antecedents. The incident happened during 2019-2020 and the applicant was available, but he was not arrested. Therefore, I find

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Bail Appl.No.1140 OF 2021

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no reason to subject him to custodial interrogation.

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The applicant is willing to cooperate with the investigation and is ready to appear before the investigating officer.

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In the result, the bail application is allowed and

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the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation and recovery, if any, the applicant shall be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) He shall not influence or intimidate witnesses or tamper with evidence;

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(ii) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and

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(iii)During the bail period, he shall not get involved

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Bail Appl.No.1140 OF 2021

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in any similar offences.

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In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional

court.

Sd/-

ASHOK MENON

JUDGE

dkr

Shameer Muhammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shameer Muhammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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