Allowed

Abdul Rasheed v. the State of Kerala

Kerala HC13 May 2022Bail Appl./2421/2022

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail under Section 438 CrPC. The petitioner is the second accused in nine cases of cheating involving false employment documents. The court granted bail pending institutional inquiry, directing surrender with a bond of one lakh rupees and two sureties.

What did the court decide?

The petitioner is granted anticipatory bail; directed to surrender within two weeks; released on bail on execution of a bond for Rs.1,00,000/- with two solvent sureties for the like amount.

Abdul Rasheed Vs the 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 P.G. AJITHKUMAR

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FRIDAY, THE 13^TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944

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BAIL APPL. NO. 2421 OF 2022

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CRIME NO.692 OF 2021 OF MALA POLICE STATION, THRISSUR PETITIONER/2ND ACCUSED:

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ABDUL RASHEED

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AGED 52 YEARS, S/O. ABDUL KARIM, SAHAYI PARAMBIL HOUSE, ERAYAMKUDY DESOM, ANNAMANNADA VILLAGE, MAMPRA P.O., CHALAKUDY TALUK, THRISSUR DISTRICT, PIN – 689508. BY ADV N.L.BITTO

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RESPONDENTS:

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

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2 GILBERT

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AGED 32 YEARS, SON OF FRANCIS, KARIYAPPILLY HOUSE, THURUTHUR DESOM, PUTHENVELIKKARA VILLAGE, ERNAKULAM DISTRICT, PIN – 683594.

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BY PUBLIC PROSECUTOR SMT.MAYA M.N.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A.No.2421 of 2022

P.G. AJITHKUMAR, J.

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----------------------------------------------------------B.A.No. 2421 of 2022

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----------------------------------------------------------Dated this the 13^th day of May, 2022

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O R D E R

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This is the second application for anticipatory bail filed

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under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioner is the 2^nd accused in Crime No.692 of

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2021 of Mala Police Station, Thrissur. The offences alleged are under Sections 406, 420 and 468 read with Section 34 of the Indian Penal Code, 1860.

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The allegations based on which the crime was registered are the following:

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The 1^st accused and the de facto complainant knew each other. Accused Nos.1 and 2 received Rs.8,00,000/- from the de facto complainant on giving him an assurance that his wife as well as brother-in-law would be secured job in the Cochin International Airport. Rs.4,00,000/- was paid to the 1^st accused on 05.11.2018 at the house of the 1^st accused and later Rs.4,00,000/- was transferred to the account of the 2^nd

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B.A.No.2421 of 2022

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accused/petitioner. The accused later gave documents purporting to be the orders of appointment in the Cochin International Airport, which were turned out to be false documents. The accused thereby cheated the de facto complaint and misappropriated the money received from him.

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Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

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B.A.No.8663 of 2021 filed by the petitioner was dismissed as per Order dated 17.12.2021 holding that no material exculpating the petitioner from the offence, as he claimed, have been produced. His contention was that it was the 1^st accused, who really had committed the offence of cheating not only of the de facto complainant herein, but the petitioner as well. It was his contention that by offering employment to the petitioner, the 1^st accused obtained money from him and in course of time, he happened to be conduit for making payment by the de facto complainant to the 1^st accused. The learned counsel appearing for the petitioner would submit that in the other cases of similar nature, the

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B.A.No.2421 of 2022

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petitioner was granted anticipatory bail mainly for the reason that the 1^st accused was already arrested and committed to judicial custody and therefore the petitioner is entitled to get bail in this matter as well.

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The learned Public Prosecutor, on the other hand, would oppose the application contending that custodial interrogation of the petitioner is required for collection of necessary evidence to arrive at a logical conclusion in the matter.

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Annexure-III is a copy of the common order in B.A.Nos.8801, 8679 and 8980 of 2021. In three similar crimes, this Court granted anticipatory bail to the petitioner. The common 1^st accused was arrested. He is now in judicial custody. Considering the said circumstances, I am of the view that pre-trial detention of the petitioner is not absolutely necessary in this matter. Therefore, I hold that the petitioner can be ordered to be released on bail in the event of his arrest.

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Hence, this bail application is allowed and the

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B.A.No.2421 of 2022

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petitioner is directed to surrender before the investigating officer within two weeks. After interrogation and in the event of his being arrested, he 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) Once released on bail, he shall appear before the Investigating Officer as and when called for;

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

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(iii) During the bail period, he shall not get involved in any offence.

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In case of breach of the bail conditions, the prosecution shall

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be at liberty to apply for cancellation of the bail before the jurisdictional court.

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Sd/-

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P.G. AJITHKUMAR, JUDGE

dkr

B.A.No.2421 of 2022

APPENDIX OF BAIL APPL. 2421/2022

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PETITIONER ANNEXURES

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Annexure I A TRUE COPY OF THE FIR IN CRIME NO.692 OF 2021 OF THE MALA POLICE STATION DATED 20/9/2021. Annexure II A TRUE COPY OF THE ORDER IN BA.8663 OF 2021 OF THE HIGH COURT OF KERALA DATED 17/12/2021. Annexure III A TRUE COPY OF THE COMMON ORDER IN BA.8980 OF 2021 OF THE HONORABLE HIGH COURT OF KERALA DATED 18/3/2022.

Abdul Rasheed v. the State of Kerala

Case brief

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Abdul Rasheed v. the State of Kerala

Case brief

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