Disposed

Rowuf @ Rauf Ali Shaik Ali, v. State of Kerala

Kerala HC13 Mar 2024Bail Appl./159/2024

Case brief

AI extract

What is this about?

In a pre-arrest bail application under Section 438 CrPC for cheating offences, the High Court refused anticipatory bail due to investigation impact. However, it issued directions for the petitioner to surrender within two weeks to enable bail consideration by the Magistrate if he complies.

What did the court decide?

Direction to surrender within two weeks; if complied with, bail application considered by the Magistrate; otherwise, arrest permissible.

Rowuf @ Rauf Ali Shaik Ali, Vs State of Kerala — Cheating and Forgery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945

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BAIL APPL. NO. 159 OF 2024

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CRIME NO.171/2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN BAIL APPL. NO.2429 OF 2023 OF HIGH
COURT OF KERALA

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PETITIONER/ACCUSED NO.2:

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ROWUF @ RAUF ALI SHAIK ALI,
AGED 49 YEARS
S/O. SHAIK ALI, AL MESBAH, DIDUPPA, VTC PUTHUR,
POST MOGRAL PUTHUR, KASARGODE, PIN - 671124
BY ADVS.
K.P.RAMACHANDRAN
SUNIL N.SHENOI

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RESPONDENTS/COMPLAINANT:

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1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2T.K.SALIM,
S/O KUNJU MOHAMMED, MANGING PARTNER
M/S GREEN LAND, PARTICILE PVT LTD SHELTOR
PERUMBAVOOR - 683542
IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DTD 7-2-24
IN CRL MA 1/24
BY ADVS.
No Advocate
RAJESH VIJAYAN
SIKHA S.NAIR(K/666/2008)

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OTHER PRESENT:

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SMT.T.V.NEEMA, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 159 OF 2024

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..2..

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MOHAMMED NIAS C.P, J.

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========================

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B.A. No. 159 of 2024

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========================

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Dated this the 13th day of March, 2024

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O R D E R

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This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

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The petitioner is the 2nd accused in Crime No.171 of 2023 of Perumbavoor police station registered for offences under Sections 420 and 406 read with Section 34 of the Indian Penal Code.

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This is the 2^nd bail application filed by the petitioner. The earlier bail application was rejected by an order dated 13.11.2023, finding the involvement of the petitioner in the transactions. The 1^st accused claimed to be an agent of the company situated in UAE and introduced the 2^nd accused to the defacto complainant. The defacto complainant had transferred the amount based on the inducement of the accused to the Company of which

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BAIL APPL. NO. 159 OF 2024

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..3..

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accused No.2 had a main role, and it is also noted that there are similar antecedents reported against the petitioner, including FIR No.1845 of 2020 of Perumbavoor Police Station, holding the above, the bail application was rejected.

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After hearing the learned counsel for the petitioner and the learned Public Prosecutor, it cannot be said that the offences alleged are not attracted in the case. Considering the nature of the offences, I am of the view that the petitioner is not entitled to get anticipatory bail as it will adversely affect a proper investigation.

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However, the following directions are issued:-

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In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the

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BAIL APPL. NO. 159 OF 2024

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..4..

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Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

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The bail application is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P

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JUDGE

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BAIL APPL. NO. 159 OF 2024

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..5..

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APPENDIX OF BAIL APPL. 159/2024

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PETITIONER ANNEXURES :

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ANNEXURE A1TRUE PHOTOSTAT COPY OF THE FIRST
INFORMATION REPORT DATED 13.02.2023,
REGISTERED AS CRIME NO.171/2023 UNDER
SECTION 420, 406, 34 OF IPC BY THE
PERUMBAVOOR POLICE STATION

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ANNEXURE A2TRUE PHOTOSTAT COPY OF THE FIR
NO.1845/2020 OF PERUMBAVOOR POLICE
STATION DATED 10.11.2020, REGISTERED
UNDER SECTION 420, 120-B, 34 OF IPC
ANNEXURE A3PHOTOSTAT COPY OF THE BAIL REFUSAL
ORDER DATED 13.11.2023 (COMBINED ORDER)
PASSED BY THIS HON'BLE COURT IN
B.A.NO.2429/2023(PRESENT
PETITIONER'S APPLICATION) AND IN
B.A.NO. 2457/2023
ANNEXURE A4TRUE PHOTOSTAT COPY OF THE APOLOGY
LETTER DATED 19.12.2023 OF M/S. AL
SALAMA INTERNATIONAL FZE ADDRESSED TO
M/S. GREENLAND PARTICLE BOARDS PVT.LTD
ANNEXURE A5ORDER DATED 13-11-2023 IN BAIL
APPL.2429/2023 ON HIGH COURT

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// True Copy // PA To Judge

Rowuf @ Rauf Ali Shaik Ali, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rowuf @ Rauf Ali Shaik Ali, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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