Allowed

Abdulla v. State of Kerala

Kerala HC8 Feb 2021Bail Appl./166/2021

Case brief

AI extract

What is this about?

The court allowed regular bail for the accused terrified of being detained for counterfeit currency and arms offenses. Noting no prior criminal record and seizure of evidence, the judge ordered release subject to bond and conditions like appearing before the IO, surrendering passport, and not influencing witnesses.

What did the court decide?

Release on bail for Rs.1,00,000 with two sureties in each case, subject to conditions including passport surrender and appearance before IO.

Abdulla Vs State of Kerala — Cheque Dishonour | 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 FEBRUARY 2021 / 19TH MAGHA,1942

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Bail Appl..No.8589 OF 2020

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CRIME NO.1003/2020 OF ALATHUR POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED:

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ABDULLA, AGED 24 YEARS, S,O THAJUDHEEN, ALMUBARAK MANZIL, KUZHIVILAKATHU VEEDU, NEMAM, THIRUVANATHAPURAM PIN-695020

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BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM SHRI.VIVEK.P.K

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031

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2 STATION HOUSE OFFICER, ALATHUR POLICE STATION, PALAKKAD DISTRICT

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI.SANTHOSH PETER – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG WITH Bail Appl..166/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.8589 of 2020 and 166 of 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 FEBRUARY 2021 / 19TH MAGHA,1942

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Bail Appl..No.166 OF 2021

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CRIME NO.1005/2020 OF ALATHUR POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED:

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ABDULLA, AGED 23 YEARS, S,O THAJUDHEEN, ALMUBARAK MANZIL, KUZHIVILAKATHU VEEDU, NEMAM, THIRUVANATHAPURAM PIN-695020

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BY ADV. SRI.RAHUL SASI

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031 2 STATION HOUSE OFFICER, ALATHUR POLICE STATION, PALAKKAD DISTRICT

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R1 BY PUBLIC PROSECUTOR OTHER PRESENT:

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SRI.SANTHOSH PETER – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG WITH Bail Appl..8589/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.8589 of 2020 and 166 of 2021

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COMMON ORDER

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Dated this the 08th day of February, 2021

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APPLICATIONS FOR REGULAR BAIL

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The applicant is the accused in two crimes. B.A.No.8589 of 2020 is filed for regular bail in Crime No.1003 of 2020, while B.A.No.166 of 2021 is filed for regular bail in Crime No.1005 of 2020 both of Alathur Police Station, Palakkad, for having allegedly committed offences punishable under Sections 489 (B), (C)read with Section 34 of the IPC and in Crime No.1005 of 2020, Section 7, 25(1A) of the Arms Act was also included. The prosecution case, of Crime No.1003 of 2020 is this:

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On 11.11.2020, at about 2.20 PM, six counterfeit currency notes of Rs.500 denomination was seized from the house of the 1^st accused and on investigation, it was revealed that he had obtained the counterfeit currency from the applicant. Alathur Police had registered the crime and consequently, the applicant was arrested on 23.11.2020. The applicant preferred regular bail

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B.A.Nos.8589 of 2020 and 166 of 2021

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before the jurisdictional Magistrate and the same was dismissed and he has now approached this Court for regular bail.

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The facts in Crime No.1005 of 2020 are that, on 11.11.2020, at about 6.30 PM, counterfeit currencies of Rs.500 denominations and a weapon was seized from the 1^st accused, in consequence of which, the present crime was registered. The applicant is the 4^th accused. The involvement of the applicant was revealed on interrogating the 1^st accused and his formal arrest was recorded on 25.11.2020. He was already arrested in connection with a connected Crime No.1003 of 2020 on 23.11.2020. The applicant states that he is innocent and the allegations are not true. He has been in custody for more than 80 days. And, hence, he may be released on bail. All the other co-accused have already been granted bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor opposes the application for bail stating that the applicant is involved in a very grave offence of counterfeiting of currencies and that investigation is still going on regarding the source of the

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B.A.Nos.8589 of 2020 and 166 of 2021

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counterfeit currency. And, therefore, he may not be released on bail.

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Considering the fact that the applicant has no other criminal antecedents, apart from these two crimes and that the counterfeit currency has already been seized and the applicant has been subjected to custodial interrogation also, I find that further incarceration of the applicant may not serve any purpose, as he cannot be subjected to further custodial interrogation and even if the investigation regarding the source of the currencies is going on, there is no necessity for the applicant to be detained.

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In the result, the applications are allowed and the applicant is directed to be released on bail on the execution of bonds for Rs.1,00,000/-(Rupees One lakh only), each in each of the cases, with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

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(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of one

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B.A.Nos.8589 of 2020 and 166 of 2021

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month or till filing of the final report whichever is earlier.

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(ii) He shall surrender his passport before the Investigating

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Officer and if he does not have one, file an affidavit to that effect, which shall be produced before the jurisdictional court and shall not go abroad without the permission of the jurisdictional court.

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(iii) He shall not intimidate or influence witnesses and tamper with evidence.

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(iv) He shall not get involved in similar offences during the currency of the bail period.

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

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The bail applications are allowed.

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Sd/-

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ASHOK MENON JUDGE

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NR/08/02/2021

Abdulla v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdulla v. State of Kerala

Case brief

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What did the court decide?

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