Allowed

Nitheesh Ms v. State of Kerala

Kerala HC5 Aug 2022Bail Appl./2253/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail to the second accused in a cheating and forgery case. The court noted the accused had no criminal antecedents and imposed standard conditions including surrender, cooperation, and prohibitions on tampering with evidence or witnesses.

What did the court decide?

Bail application allowed with directions to surrender, execute a bond with sureties, cooperate with investigation, and not tamper with evidence or witness.

Nitheesh Ms Vs State of Kerala — Bail and Remand | 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 VIJU ABRAHAM

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FRIDAY, THE 5^TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944

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BAIL APPL. NO. 2253 OF 2022

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CRIME NO.277 OF 2022 OF AYARKUNNAM POLICE STATION,KOTTAYAM DISTRICT PETITIONER/2ND ACCUSED:

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NITHEESH MS,AGED 35 YEARS S/O LATE SASI, MUNDACKAL HOUSE, NEERICADU P.O., AYARKUNNAM, KOTTAYAM DISTRICT, PIN - 686564

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BY ADVS. VIJAI MATHEWS JOSEPH THEKKEKURUVANAL

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RESPONDENT/STATE:

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

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OTHER PRESENT:

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PP - SRI. M.C.ASHI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 2253 of 2022 2

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VIJU ABRAHAM, J.

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-------------------

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B.A. No. 2253 of 2022

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---------------------------------Dated this the 5^th day of August, 2022

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ORDER

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Application for anticipatory bail.

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The Petitioner is the 2^nd accused in Crime No.

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277 of 2022 of Ayarkunnam Police Station, Kottayam

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District, alleging commission of offences punishable under Sections 465, 468, 471, 420 and Section 34 of IPC.

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The allegation against the petitioner is that he made fake Mineral Transit Passes of the Mining and Geology Department for the first accused, and the first accused used the same in his vehicles for illegal removal and transporting of ordinary earth.

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The petitioner submits that the allegations

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raised against him are false and that even going by the case of the prosecution fake transit passes were made in the residential house of the 1^st petitioner

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using the computer of the first accused. The only

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B.A. No. 2253 of 2022 3

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allegation against him is that he has helped the

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petitioner for procuring the fake transit passes by using the computer of the 1^st accused. The specific case of the petitioner is that the 1^st accused is already arrested and released on bail. Petitioner further submits that he is a handicapped person and he will not be able to do any manual work and to substantiate the same, he has produced Annexure-A2, series of medical certificates.

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Heard the learned counsel appearing for the

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petitioner and the learned Public Prosecutor.

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The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner created false passes using the computer of the 1^st accused, but submitted that the petitioner has no other criminal antecedents.

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Having regard to the facts and circumstances of the case, and considering the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. The above

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bail application is allowed with the following

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B.A. No. 2253 of 2022 4

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directions. The petitioner shall surrender before

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the investigating officer on 12.08.2022 and co-

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operate with the investigation. In the event of

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arrest of the petitioner in Crime No.277 of 2022 of Ayarkunnam Police Station, the petitioner shall be produced before the jurisdictional Magistrate and

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shall be released on bail on the following conditions:

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(i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each 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.277/2022 of Ayarkunnam Police Station as and when summoned to do so;

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(iii) Petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;

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(iv) Petitioner shall not tamper with any evidence;

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(v) Petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him

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B.A. No. 2253 of 2022 5

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from disclosing such facts to the court or to any police officer;

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

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If any of the aforesaid conditions are violated,

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the Investigating Officer in Crime No.277/2022 of Ayarkunnam Police Station, may file an application before the jurisdictional court for cancellation of bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in

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Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663) .

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sd/- VIJU ABRAHAM,JUDGE

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Nitheesh Ms v. State of Kerala

Case brief

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Nitheesh Ms v. State of Kerala

Case brief

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