Allowed

Fuwadh Hashim v. Vs State of Kerala

Kerala HC19 Jan 2022Bail Appl./102/2022

Case brief

AI extract

What is this about?

Single judge of the Kerala High Court allowed an anticipatory bail application filed by an accused alleged to have committed kidnapping and robbery. The court granted limited custody for interrogation and imposed standard conditions on release.

What did the court decide?

Petitioner released on bail subject to bond execution, appearance before investigating officer, cooperation with investigation, and restrictions on contacting complainant and influencing witnesses.

Fuwadh Hashim v Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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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 GOPINATH P.

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WEDNESDAY, THE 19^TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943

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BAIL APPL. NO. 102 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CRMC 1275/2021 OF DISTRICT COURT& SESSIONS COURT,MANJERI

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CRIME NO.771/2018 OF PERINTHALMANNA POLICE STATION, MALAPPURAM

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DISTRICT

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PETITIONER/ACCUSED:

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FUWADH HASHIM V AGED 34 YEARS S/O. HASHIM, VEETTIPARAMBIL HOUSE, VYLATHUR, NHAMANGHAT, THRISSUR DISTRICT-679 563

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BY ADV K.SHIBILI NAHA

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RESPONDENTS/STATE&COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031

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2 THE STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031

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OTHER PRESENT:

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ADV ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.102 OF 2022

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.771/2018 of Perinthalmanna Police Station, Malappuram District alleging commission of offences under Sections 365, 395, 323 and 324 of the Indian Penal Code.

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The allegation against the petitioner is that he along with others kidnapped the de-facto complainant and also committed robbery of an Innova car, mobile phone, passport, watch, purse and an amount of Rs.2 lakhs of the de-facto complainant.

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The learned counsel for the petitioner submits that the petitioner was the person defrauded by the de-facto complainant and that the petitioner had invested huge sums of money in some crypto commodity at the instance of the de-facto complainant who promised high returns. It is submitted that since neither the money nor the returns as promised were provided, the petitioner had requested the de-facto complainant to return the money immediately. It is submitted that the petitioner was required to come to Perinthalmanna by the defacto complainant for the purpose of returning the money and there the

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BAIL APPL. NO.102 OF 2022

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petitioner was taken in the Innova car belonging to the de-facto complainant and was thoroughly beaten up and dumped at a road side. Reference is made to Annexure B treatment records of the petitioner in this regard. It is also submitted that, immediately after getting discharge from hospital, on 17.11.2018, the petitioner had preferred Annexure C before the Circle Inspector of Police, Vadanappally Police Station against the de-facto complainant. It is submitted that despite the filing of Annexure C, no action was taken on the same prompting the petitioner to prefer Annexure D before the District Police Chief, Malappuram. Reference is also made to Annexure E to show that huge amounts of money were transferred by the petitioner to the de-facto complainant. It is also pointed out that the de-facto complainant is involved in several cases where it is alleged that he defrauded several people of money and other valuables and that the de-facto complainant is stated to be absconding.

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I have heard the learned Public Prosecutor also.

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The learned Public Prosecutor submits that going by the information given by the de-facto complainant, the petitioner and other accused had committed the offences alleged against them. It is submitted that the other accused in the case were arrested and the car,

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BAIL APPL. NO.102 OF 2022

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purse, watch and passport of the de-facto complainant were recovered from them. It is submitted that this shows that the allegations raised by the de-facto complainant are true. It is submitted that it is necessary to subject the petitioner to interrogation.

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The learned counsel for the petitioner submits that the petitioner is unaware and has no connection whatsoever with the other accused in the case and he is not aware as to how the items mentioned above were recovered from their possession.

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Having regard to the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner especially considering the fact that crime in question was registered in the year 2018 and the petitioner has been co-operating with the investigation in every manner possible. I am also of the opinion that the custody of the petitioner may not be required for the purpose of a proper investigation. However, a limited custody can be granted for the purpose of interrogation and such investigation as may be required.

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In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail in the event of the arrest in connection with Crime No.771/2018 of Perinthalmanna Police Station, Malappuram District, subject to the following conditions:-

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BAIL APPL. NO.102 OF 2022

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(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.771/2018 of Perinthalmanna Police Station, Malappuram District at 9.00 am on 27.01.2022 and on 28.01.2022 and thereafter whenever called upon to do so;

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(iii) Petitioner shall co-operate with the investigation in every manner.

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(iv) Petitioner shall not attempt to contact the de-facto complainant or to interfere with the investigation or to influence or intimidate any witness in Crime No.771/2018 of Perinthalmanna Police Station, Malappuram District;

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(v) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating

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BAIL APPL. NO.102 OF 2022

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officer in Crime No.771/2018 of Perinthalmanna Police Station, Malappuram District may file an application before this Court, for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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bng/19.01.22

Fuwadh Hashim v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

Fuwadh Hashim v. Vs State of Kerala

Case brief

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