Allowed

Thahira Muhammed Ashraf v. State of Kerala

Kerala HC19 Dec 2023Bail Appl./10575/2023

Case brief

AI extract

What is this about?

High Court of Kerala granted regular bail to the 10th accused in a cheating and breach of trust case involving alleged fake gold pledging. Bail was granted on conditions regarding sureties, cooperation with investigation, and not leaving India.

What did the court decide?

Petitioner enlarged on regular bail after executing bond for Rs. 50,000/- with two sureties, subject to appearing before IO every Monday and not leaving India.

Thahira Muhammed Ashraf Vs State of Kerala — Cheating and Forgery | Kerala HC (2023)

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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 A. BADHARUDEEN

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TUESDAY, THE 19^TH DAY OF DECEMBER 2023/28TH AGRAHAYANA, 1945

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BAIL APPL. NO. 10575 OF 2023

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CRIME NO.1320/2022 OF THALIPARAMBA POLICE STATION, KANNUR

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ORDER IN BAIL APPL. 9276/2022 OF HIGH COURT OF KERALA

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PETITIONER/ACCUSED NO.10:

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THAHIRA MUHAMMED ASHRAF AGED 40 YEARS W/O MUHAMMED ASHRAF, RASHEEDA'S HOUSE, MATTOOL NORTH, KANNUR, PIN - 670325

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BY ADVS. ASHIK TOM JASNEED JAMAL

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RESPONDENT/STATE:

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

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2 JILU HANNAH EAPEN W/O GEORMIS PAUL, 2/10A SAKTHI ENCLAVE, OPP. FEDERAL BANK, VAYANASALA JN. ERNAKULAM WORKING AS CHIEF MANAGER, DRT CELL OF M/S THE SOUTH INDIAN BANK LTD., 2ND FLOOR, SIB BUILDING, MARKET ROAD, ERNAKULAM

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IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 19.12.2023 IN CRL.M.A.NO.1/2023

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BY ADVS. THOMAS J ANAKKALLUNKAL JAYARAMAN S. ANUPA ANNA JOSE KANDOTH

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SRI.K DENNY DEVASSY, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.10575 OF 2023 2

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ORDER

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Dated this the 19^th day of December, 2023

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This is an application for regular bail filed under Section

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439 of the Code of Criminal Procedure by the 10^th accused in Crime No.1320/2022 of Thaliparamba police station, Kannur.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor. Perused the relevant documents.

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Earlier, as per Annexure 5 order in B.A.Nos.9276/2022 and 9549/2022, this Court dismissed the anticipatory bail plea at the instance of accused Nos.2 to 10, who alleged to have committed offences punishable under Sections 120B, 406, and 420 read with Section 34 of the Indian Penal Code.

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The prosecution allegation is that accused Nos.1 to 10 hatched conspiracy to commit breach of trust and cheating and in consequence thereof, they jointly pledged

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BAIL APPL. NO.10575 OF 2023 3

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fake gold lockets before the Sought Indian Bank, Thaliparamba and obtained an amount of Rs.72,70,000/(Rupees seventy two lakh and seventy thousand only) and thereby committed breach of trust as well as cheating as alleged. The petitioner, who is the 10^th accused, was arrested on 03.11.2023 and has been in custody till today (19.12.2023).

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While pressing for regular bail to the petitioner, the learned counsel for the petitioner submitted that accused Nos.2, 3, 6 and 7 were granted bail by another Bench of this Court as per order dated 04.12.2023 in B.A.Nos.10577/2023 and 10585/2023. Similarly, the 5^th accused, earlier arrested, also was granted regular bail as per order dated 24.07.2023 in B.A.No.5888/2023.

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The learned Public Prosecutor as well as the learned counsel appearing for the defacto complainant strongly opposed bail, highlighting the seriousness of the offences and the primitive stage of investigation.

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BAIL APPL. NO.10575 OF 2023 4

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On perusal of the available materials, the

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allegations are very serious, in a case, involving scam of Rs.72,70,000/-. However, accused Nos.2, 3, 5, 6 and 7 were released on bail and the petitioner completed her custody for a period of 47 days as of now, where investigation substantially improved. Therefore, the petitioner, who is a first time offender, also to be given similar treatment at par with the other accused.

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In the result, this petition stands allowed. The petitioner is enlarged on regular bail on the following conditions:

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i. The petitioner shall be released on bail on her executing bond for Rs.50,000/- (Rupees Fifty Thousand Only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

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ii. The petitioner shall not intimidate the witnesses or tamper with evidence. She shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer on every Monday

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BAIL APPL. NO.10575 OF 2023

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between 9.00 am and 10.00 am till filing of final report. Further, she shall appear before the Investigating Officer as and when directed.

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iv. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

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v. The petitioner shall not leave India without the permission of the jurisdictional court and the petitioner shall file an affidavit in this regard while executing bond before the jurisdictional court without fail.

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vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

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Sd/-

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A. BADHARUDEEN JUDGE

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nkr

Thahira Muhammed Ashraf v. State of Kerala

Case brief

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Thahira Muhammed Ashraf v. State of Kerala

Case brief

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