Allowed

Sajid K v. State of Kerala

Kerala HC25 Aug 2022Bail Appl./3447/2022

Case brief

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What is this about?

The Court allowed an application for anticipatory bail to a sole accused in a case for holding two passports under the IPC and Passport Act, granting bail on stringent conditions including cooperation with investigation and prohibition of tampering with evidence.

What did the court decide?

Anticipatory bail granted on stringent conditions including execution of a bond, surrender to investigating officer, cooperation with investigation, and prohibition of tampering with evidence or witne

Sajid K Vs State of Kerala — Corruption | 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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THURSDAY, THE 25^TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944

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BAIL APPL. NO. 3447 OF 2022

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PETITIONER/SOLE ACCUSED:

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SAJID K, AGED 30 YEARS, S/O KAMARUDHEEN M, DARUL SAJID, VALAVUPACHA P.O, KOLLAM PIN:691559, PIN - 691559

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BY ADVS. MANSOOR ALI BIJITH S.KHAN JIMNAD.B

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682031, PIN - 682031

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2 STATION HOUSE OFFICER VALAVUPACHA VALAVUPACHA, KOLLAM DISTRICT, 691559, PIN - 691559

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OTHER PRESENT:

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SR.PP - SMT. SEETHA S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 3447 of 2022 2

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VIJU ABRAHAM, J.

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

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B.A. No. 3447 of 2022

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---------------------------------Dated this the 25^th day of August, 2022

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ORDER

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Application for anticipatory bail.

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Petitioner is the sole accused in Crime

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No.0735 of 2021 of Valavupacha Police Station,

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Kollam District registered alleging commission of offence punishable under Section 460 of the IPC and

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Sections 3,10 and 12D of the Passport Act. 1967.

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The prosecution allegation is that, on

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19.10.2009 the accused took a passport bearing No.H642517 and went abroad for doing work. On 12.04.2020

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he took an another passport on a different name

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bearing No.J-5111850. At the time of verification, it is revealed that the accused was holding two

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passports and thereby the accused committed the above said offences.

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The petitioner submits that he has been

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falsely implicated in the above said crime and he

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B.A. No. 3447 of 2022 3

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has no role in the alleged crime as he has not obtained a second passport as alleged by the prosecution.

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

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The learned Public Prosecutor upon instructions submitted that it is revealed that the petitioner was in possession of second passport and he used the second passport for travelling abroad, when the passport was submitted before the Passport Authorities for renewal, the verification officer found out that the petitioner is issued with two Indian Passports. Learned Public Prosecutor further submits that the investigation is going on and the signature of the accused need to be taken for FSL comparison, etc. and therefore opposed the application for bail, but submitted that the

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petitioner has no other criminal antecedents.

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Having regard to the facts and circumstances

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of the case, and nature of the allegations and the

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fact that this is a crime of 2021, custodial

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B.A. No. 3447 of 2022 4

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interrogation may not be required for the purpose of investigation. Petitioner should fully co-operate

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with the investigation, which the petitioner undertook to do so. I am inclined to grant pre-

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arrest bail to the petitioner on stringent conditions. The above bail application is allowed with the following directions. The petitioner shall

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surrender before the investigating officer on 31.08.2022 and make himself available for

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interrogation on that day or on any other day or days as directed by the investigating officer. In the event of arrest of the petitioner in Crime No.0735 of 2021 of Valavupacha Police Station, he shall be produced before the jurisdictional Court on

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the same day and 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) The petitioner shall appear before the

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B.A. No. 3447 of 2022 5

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investigating officer in Crime No.0735/2021 of Valavupacha Police Station as and when summoned to do so;

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

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(iv) The petitioner shall not tamper with any evidence;

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(v) The 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 from disclosing such facts to the court or to any police officer;

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(vi) The 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.0735/2021 of Valavupacha 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

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the police to investigate the matter and if necessary to effect recoveries on the information if

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B.A. No. 3447 of 2022 6

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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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Sajid K v. State of Kerala

Case brief

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Sajid K v. State of Kerala

Case brief

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