Allowed

Ajmal v. State of Kerala

Kerala HC14 Mar 2022Bail Appl./548/2022

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC for alleged offences under Section 489(B) IPC regarding counterfeit currency, the High Court of Kerala granted anticipatory bail, directing the petitioner to comply with specific conditions appearing in the criminal case investigation.

What did the court decide?

Anticipatory bail directed upon execution of bond by the petitioner and two solvent sureties, appearance before the investigating officer, and adherence to specific behavioral conditions.

Ajmal Vs State of Kerala — Cheque Dishonour | 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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MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943
BAIL APPL. NO. 548 OF 2022

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CRIME NO.570/2015 MUKKAM POLICE STATION, KOZHIKKODE DISTRICT

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PETITIONER/ACCUSED:

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AJMAL
AGED 31 YEARS,S/O.AHAMMED C.
CHALIL HOUSE, CHERUVADI PO, MAVOOR VIA,
KOZHIKODE, PIN – 673661

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BY ADVS.
RAMEEZ NOOH
P.RAFTHAS

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RESPONDENT/COMPLAINANT:

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

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 548 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the accused in crime No.570/2015 Mukkam Police Station, Kozhikkode District alleging commission of offences under Section 489 (B) of the Indian Penal Code. The allegation against the petitioner is that he deposited certain amounts in the Federal Bank of India account of “Highlife Ayurvedic Multi Speciality Hospital” which contained 12 counterfeit currency notes each of the value of Rs.1,000/- (Rupees Thousand Only) and thereby committed the offences alleged against him.

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The learned Counsel appearing for the petitioner submits that the petitioner was working as an accountant in the aforesaid hospital on the relavent date. It is submitted that the petitioner had only depostied the collections in the account of the hospital and he had no role whatsoever with the alleged counterfeit notes. It is submitted that Annexure C certificate will show that the petitioner was working as an accountant at the relevant point of time. It is also pointed out with reference to Annexure B, that even the bank has no case that it was the petitioner who had deposited the counterfeit notes.

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BAIL APPL. NO. 548 OF 2022 3

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The learned Public Prosecutor opposes the grant of bail. The seriousness of offence alleged against the petitioner is pointed out. It is submitted that the crime though registered in 2015 is to be thoroughly investigated and for the same purposes the custodial interrogation of the petitioner is absolutely necessary.

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Having regard to the facts and circumstances of the case and considering the nature of the allegation taking into account of the fact that the petitioner was working as an accountant who had deposited the amount collected including the counterfeit currency into the account of the company in which he was working, I am of the view that the petitioner can be granted anticipatory bail subject to the following conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.570/2015 Mukkam Police Station, Kozhikkode District subject to the following conditions:-

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(i) Petitioner shall execute bond for a 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

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BAIL APPL. NO. 548 OF 2022 4

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Crime No.570/2015 Mukkam Police Station, Kozhikkode District at 10.00 A.M on 18-03-2022 & 19-03-2022 and thereafter whenever called upon to do so;

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(iii) Petitioner shall not attempt to contact or interfere with the investigation or to influence or intimidate any witness in Crime No. 570/2015 Mukkam Police Station, Kozhikkode District ;

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(iv) 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 officer in Crime No.570/2015 Mukkam Police Station, Kozhikkode District may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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ats

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BAIL APPL. NO. 548 OF 2022 5

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APPENDIX OF BAIL APPL. 548/2022

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PETITIONER ANNEXURES
ANNEXURE -AA TRUE COPY OF THE FIR NO.570/2015 DTD.
09.12.2015 REGISTERED ON THE FILES OF MUKKAM
POLICE STATION,KOZHIKODE
ANNEXURE-BTRUE COPY OF THE COMPLAINT DTD. NIL FILED BY
THE ASSISTANT MANAGER OF FEDERAL BANK, MUKKAM
BRANCH BEFORE THE MUKKAM POLICE STATION.
ANNEXURE-CTRUE COPY OF THE EXPERIENCE CERTIFICATE
DTD.15.01.2018 ISSUED BY THE M/S. HIGHLIFE
AYURVEDIC MULTI SPECIALTY HOSPITAL, MUKKAM,
KOZHIKODE
ANNEXURE-DTRUE COPY OF THE ORDER DTD. 03.01.2022 IN
CRL.MC NO. 1806/2021 ON THE FILES OF ADDL.
SESSIONS JUDGE-I, KOZHIKODE.

Ajmal v. State of Kerala

Case brief

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Ajmal v. State of Kerala

Case brief

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