Allowed

Saidu Mohammed.a., v. State of Kerala

Kerala HC14 Jan 2022Bail Appl./9661/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the accused in a cheating case involving possession of a car. Bail was subject to surrendering the vehicle, cooperating with investigation, and not contacting the complainant.

What did the court decide?

Petitioner granted anticipatory bail to be released upon arrest, directed to execute bond, surrender vehicle and documents, and comply with strict conditions.

Saidu Mohammed.a., 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 GOPINATH P.

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FRIDAY, THE 14^TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943

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BAIL APPL. NO. 9661 OF 2021

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CRIME NO.1014/2021 OF PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT

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PETITIONER:

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SAIDU MOHAMMED.A., AGED 22 YEARS S/O. ABDUL JAMAL, A., AMBATT HOUSE, PATHAPPIRIYAM, MALAPPURAM DISTRICT 676 123.

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BY ADVS. VARGHESE C.KURIAKOSE SUSANTH SHAJI

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM DISTRICT 682 031.

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2 THE STATION HOUSE OFFICER, PUNNAPRA POLICE STATION, PUNNAPRA, ALAPPUZHA DISTRICT 688 004.

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3 THE SUB INSPECTOR OF POLICE, PUNNAPRA POLICE STATION, PUNNAPRA, ALAPPUZHA DISTRICT 688 004. 4 THE STATION HOUSE OFFICER, EDAVANNA POLICE STATION, EDAVANNA, MALAPPURAM DISTRICT 676 123. SRI. T.R.RANJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 9661 of 2021

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GOPINATH.P, J

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B.A. No. 9661 of 2021

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Dated this the 14^th day of January, 2022

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O R D E R

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The petitioner is the accused in Crime No.1014/2021 of

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Punnapra Police Station, Alappuzha District alleging commission of offences under Section 420 of the Indian Penal Code.

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The allegation against the petitioner is that he is keeping in his possession a car belonging to the de facto complainant along with the original documents pertaining to the car. The registration number of the car is KL-04 AP 3182. The facts reveal that the original RC owner of the car is one Shameera Beegum. It is alleged that one Aneesh had taken the car from the possession of the RC owner with a promise that the installments on the loan taken in respect of the car shall be paid by him. It is alleged that the aforesaid Aneesh was introduced to the RC owner by two officials of the Mahindra Finance who are stated to be one Murukaraj and one Anandhan. The petitioner claims to have taken the car on a lease agreement from one Abu Thahir though it is not clear as to how Abu Thahir came into possession of the vehicle in question. It is the case of the petitioner

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B.A. No. 9661 of 2021

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that he paid Rs. 1,50,000/- to Abu Thahir and Abu Thahir had handed over the car and all original documents to the petitioner. The petitioner states that the car is still in his possession.

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The learned counsel for the petitioner submits that the petitioner had bonafide entered into an arrangement of lease and that the petitioner is not involved in any criminal offence. It is submitted that such transactions of lease are usually entered into and that the petitioner is totally unaware of the circumstances under which the car reached the possession of the aforesaid Abu Thahir. It is submitted that the petitioner is willing to surrender the car before the investigating officer in Crime No. 1014/2021 of Punnapra Police Station and that he is totally innocent in the matter.

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Heard the learned Public Prosecutor also.

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After hearing the learned counsel for the petitioner and the learned Public Prosecutor it is evident that a car belonging to aforesaid Shameera Beegum had somehow reached the possession of the petitioner herein. Several persons seem to be involved in that transaction. The petitioner claims to have paid Rs.1,50,000/- in cash to one Abu Thahir following which he is stated to have come into possession of the car. It is not clear as to whether the loan installments in respect of the car have been paid. These are matters

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B.A. No. 9661 of 2021

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thoroughly investigated. However, prima facie it appears that the custody of the petitioner may not be necessary for the purpose of investigation. Therefore, taking into account the totality of the facts and circumstances and also considering the offer made by the petitioner to surrender the vehicle before the investigating officer, I am of the view that the petitioner can be granted anticipatory bail subject to strict 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 his arrest in connection with Crime No.1014/2021 of Punnapra Police Station 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 co-operate with the investigation in every manner. He shall hand over the vehicle bearing registration No.KL-04 AP 3182 together with all original documents stated to be in his possession to the investigating officer in Crime No. 1014/2021 of Punnapra Police Station, who shall issue a proper receipt for the same. The petitioner shall report before the investigating officer for the aforesaid purpose at 9:00 a.m. on 24.01.2022. The petitioner shall

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B.A. No. 9661 of 2021

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thereafter appear before the investigating officer as and when called upon to do so;

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(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1014/2021 of Punnapra Police Station;

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(iv) Petitioner shall not involve in any other crime while on

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bail.

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1014/2021 of Punnapra Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-GOPINATH.P JUDGE

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lsn

Saidu Mohammed.a., v. State of Kerala

Case brief

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Saidu Mohammed.a., v. State of Kerala

Case brief

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