Two bail applications for anticipatory bail under Section 438 CrPC were dismissed. The High Court found that serious cheating allegations existed, the accused had similar antecedents, and granting bail would derail the investigation.
Bail applications Nos. 2429/2023 and 2457/2023 dismissed. Petitioners not granted anticipatory bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 13TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945
BAIL APPL. NO. 2429 OF 2023
CRIME NO.171/2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.2:
RAUF ALI SHAIK ALI AGED 49 YEARS S/O SHAIK ALI, AL MESBAH, DIDUPPA, PUTHUR, KASARGODE, PIN - 671124
BY ADVS. P.A.MUJEEB RESHMA R. ROSHNI PHILOMINA T.A. ATHIRA UTHAMAN UNNIMAYA H.
RESPONDENT/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
*2
T.K.SALIM, AGED 64 YEARS, S/O.KUNJU MUHAMMED, MANAGING DIRECTOR, GREENLAND PARTICLE BOARD PVT. LTD., SHELTOR, PERUMBAVOOR. 683 542
*ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 13.11.2023 IN CRL.M.A.1 OF 2023
BY ADVS.
SMT.T.V.NEEMA, SENIOR PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN SMT.SIKHA S.NAIR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH BAIL APPL.2457/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NOS.2429 & 2457 OF 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 13TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945
BAIL APPL. NO. 2457 OF 2023
CRIME NO.171/2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.1:
MOOKADA MOOSA NAJEEB AGED 49 YEARS S/O ABDUL AHMAN MOOSA, MOOKADA HOUSE, PERUMBAVOOR, MUDICKAL P.O ERNAKULAM, PIN - 683547
BY ADVS. ASHISH GOPAL K.G T.G.SUNIL (PERUMBAVOOR) SYAM K.P.
RESPONDENT/COMPLAINANT& DEFACTO COMPLAINANT:
STATE OF KERALA
1 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
*2
T.K.SALIM S/O.KUNJU MUHAMMED, MANAGING DIRECTOR, GREENLAND PARTICLE BOARD PVT. LTD., SHELTOR, PERUMBAVOOR. 683 542
*ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 13.11.2023 IN CRL.M.A.1 OF 2023
BY ADVS. PUBLIC PROSECUTOR RAJESH VIJAYAN SIKHA S.NAIR
OTHER PRESENT:
SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH BAIL APPL.2429/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS.2429 & 2457 OF 2023
3
O R D E R
These applications are filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.
4
BAIL APPL. NOS.2429 & 2457 OF 2023
committed the above said offences.
Accordingly, these Bail Applications are dismissed.
Sd/- MOHAMMED NIAS C.P. JUDGE
shg
2 issues framed by the court
Whether pre-arrest bail can be granted under Section 438 CrPC given the serious nature of allegations including cheating and previous antecedents.
Whether granting anticipatory bail would derail the investigation into the offences under Sections 420, 406, 34 of the IPC.
2 provisions across 2 enactments
RAUF ALI SHAIK ALI
MOOKADA MOOSA NAJEEB
STATE OF KERALA
T.K.SALIM
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court