Allowed

Noushad v. State of Kerala

Kerala HC5 Aug 2022Bail Appl./558/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed an application for anticipatory bail filed by the accused in a cheating case under Section 420 IPC, directing his surrender for interrogation and imposing standard bail conditions including execution of a bond and prohibition on influencing witnesses.

What did the court decide?

Anticipatory bail allowed. Petitioner directed to surrender for interrogation. Bond of Rs.50,000 with two sureties directed. Conditions imposed regarding non-interference with investigation and witnes

Noushad 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 VIJU ABRAHAM

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

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BAIL APPL. NO. 558 OF 2022

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(CRIME NO.59/2022 OF KARUNAGAPALLY POLICE STATION, KOLLAM)

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PETITIONER/ACCUSED:

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NOUSHAD, AGED 45 YEARS
NOUSHAD MANZIL, KADATHOOR, THAZHAVA, PIN - 690 524.

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BY ADV M.R.SASITH

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RESPONDENTS/COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH OF KERALA, ERNAKULAM, PIN - 682 031.

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2 HALEEL REHMAN

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MEENATHERIL, KUTTUPPURAM MURI, THAZHAVA,
KOLLAM, PIN - 690 523.

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PP SMT.NIMA JACOB

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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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BAIL APPL. NO. 558 OF 2022

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VIJU ABRAHAM, J

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Dated this the 5th day of August, 2022

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This is an application for anticipatory bail.

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The Petitioner is the sole accused in Crime

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No.59/2022 of Karunagappally Police Station, alleging commission of offence punishable under Section 420 of the Indian Penal Code.

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The prosecution allegation is that the petitioner introduced himself that he is an agent of KSFE and on the basis of that the defacto complainant joined a chitty of Edappally Kotta KSFE Branch on 20/10/2020 bearing chitty No:24 and thereafter he has issued a DC No: 9 i.e.; (Door Collection Card) and obtained Rs 29,000/- from the de facto complainant for depositing at KSFE Edappally Kotta Branch. And thereafter the amount was not deposited to the KSFE and thereby cheated him.

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The learned counsel for the petitioner submitted that, the petitioner has been falsely implicated in the

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BAIL APPL. NO. 558 OF 2022

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aforesaid crime and further that whatever amount collected from the defacto complainant has been deposited.

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Learned counsel for the Public Prosecutor upon instructions submitted that the petitioner is a agent of the KSFE and he has received an amount of Rs.29,000/- from the defacto complainant but did not deposit the amount to the KSFE and cheated him.

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Considering the facts and circumstances of the case and the nature of the allegations, I am inclined to grant anticipatory bail to the petitioner. In the result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime No.59/2022 of Karunagappally Police Station, on 12.08.2022 at 11 am for interrogation. It is directed that in the event of arrest of the petitioner in Crime No.59/2022 of Karunagappally Police Station, he shall be produced before the Jurisdictional Magistrate’s Court and he shall be released on bail subject to the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand

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only) with two solvent sureties each for the

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BAIL APPL. NO. 558 OF 2022

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likesum to the satisfaction of the Jurisdictional Court,

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(ii) The petitioner shall appear before the investigating officer in Crime No.59/2022 of Karunagappally Police Station, as and when called for,

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(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.59/2022

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of Karunagappally Police Station,

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(v) The petitioner shall not involve in any

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other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.59/2022 of Karunagappally 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

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BAIL APPL. NO. 558 OF 2022

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the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).

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sd/-

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VIJU ABRAHAM, JUDGE

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R.AV

Noushad v. State of Kerala

Case brief

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Noushad v. State of Kerala

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