Defacto complainant sought cancellation of anticipatory bail granted to the accused, alleging concealment of prior cases. The Court noted the investigation was complete, a charge-sheet had been filed and trial was pending, found no grounds for cancellation, and dismissed the application.
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Crl. M. C. No. 91 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946 CRL.MC NO. 91 OF 2024
CRIME NO.1950/2023 OF TOWN EAST POLICE STATION, THRISSUR PETITIONER:
NAUSHAD A J, AGED 47 YEARS, S/O M.ABDUL JALEEL, RESIDING AT NAHAR,PALLILAMKARA, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN – 683503.
BY SRI.NAUSHAD A J (PARTY-IN-PERSON)
RESPONDENTS:
1 JAIN K J, AGED 36 YEARS, SON OF JOSEPH K.C, KARIYATTIL HOUSE, KOTTAPPURAM, POOTHOLE, ARANATTUKARA, THRISSUR DISTRICT. CHAIRMAN, M/S. URBAN RURAL HOUSING DEVELOPMENT CLUSTER SOCIETY (URHDC SOCIETY) SMWF (R) 117/2019, BISHOP PALACE ROAD, EAST FORT, THRISSUR, PIN – 680005.
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.
BY ADVS.M/S.SAIJO HASSAN, BENOJ C AUGUSTIN, SARITHA K., PHILLIP VARGHESE THOMAS, V.P.REJITHA, DHEERAJ BABY & MEERA J. MENON FOR R1
SMT.NIMA JACOB, PP FOR R2
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M. C. No. 91 of 2024
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MOHAMMED NIAS C. P. , J.
============================= Crl. M. C. No. 91 of 2024 ============================= Dated this the 5th day of June, 2024
O R D E R
This Criminal Miscellaneous Case is filed seeking cancellation of bail granted by this Court in B.A.No.9808/2023 dated 20.12.2023.
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Crl. M. C. No. 91 of 2024
complainant was also pending consideration. It was under such circumstances that the interim order directing surrender was granted. Accordingly, the accused surrendered before the Investigating Officer. After four weeks when the matter was posted, it was submitted by the prosecution that the accused was arrested and released on bail. Accordingly, the order was made absolute.
Sd/-
MOHAMMED NIAS C. P., JUDGE
MMG
Crl. M. C. No. 91 of 2024
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APPENDIX OF CRL.M.C.NO.91/2024
PETITIONER'S ANNEXURES:
| ANNEXURE-A1(A) | ANNEXURE- A1(A): FIR NO. 512/2023 |
|---|---|
| ANNEXURE-A1(B) | ANNEXURE-A1(B): BAIL ORDER CRL.M.C.NO. 1216/2023, DATED 11/09/2023 |
| ANNEXURE-A2(A) | ANNEXURE-A2(A): TRUE COPY OF SEIZURE MAHASSAR OF SUBHADRA,DATED 07/09/2023 |
| ANNEXURE-A2(B) | ANNEXURE-A2(B): TRUE COPY OF SEIZURE MAHASSAR OF SURAJ BABU, DATED 07/09/2023 |
| ANNEXURE-A2(C) | ANNEXURE-A2(C): TRUE COPY OF SEIZURE MAHASSAR OF NISHA DATED 07/09/2023 |
| ANNEXURE-A2(D) | ANNEXURE-A2(D): TRUE COPY OF SEIZURE MAHASSAR OF SINDHU DATED 07/09/2023 |
| ANNEXURE-A2(E) | ANNEXURE-A2(E): TRUE COPY OF SEIZURE MAHASSAR OF SINI RAJESH DATED 23/09/2023 |
| ANNEXURE-A3(A) | ANNEXURE-A3(A): BROCHURE |
| ANNEXURE-A3(B) | ANNEXURE-A3(B): WEB SITE CONTENT |
| ANNEXURE-A4 | ANNEXURE-A4: DEPOSIT RECEIPT DATED 14/11/2022 FOR RS. 5,88,000/- WITH MATURITY DATE 13/02/2023 |
| ANNEXURE-A5(A) | ANNEXURE-A5(A): RBI INTIMATION LETTER REF: RBI/CMS/ N202223023482279/ 2022-23, DATED 12/04/2023 |
| ANNEXURE-A5(B) | ANNEXURE-A5(B): TRUE COPY OF INTIMATION FROM REGISTRAR OF CO-OPERATIVE VIDE LETTER REF: RCS/3962/2023/HV(2), DATED 06/09/2023 |
| ANNEXURE-A6 | ANNEXURE-A6: COMPLAINT OF APPLICANT ALONG WITH ATTACHMENTS DATED 26/08/2023 |
Crl. M. C. No. 91 of 2024
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ANNEXURE-A7 ANNEXURE-A7: PETITION OF CIVIL SUIT NO. OS/300145/2023 ANNEXURE-A8 ANNEXURE-A8: FIRST INFORMATION REPORT NO. 1950/2023 ANNEXURE A1 ANNEXURE-A1(A): COMPLAINTS DATED 05/12/2023 ANNEXURE A1(B) ANNEXURE-A1(B) ACKNOWLEDGEMENT OF RECEIPTS ANNEXURE A2 ANNEXURE-A2: GOVT OF KERALA ORDER NO. GO (RT) NO. 162/2023/ HOME, DATED 21/01/2023 ANNEXURE A3 ANNEXURE-A3: DGP ENDT. NO. K11-150549/ 2023/PHQ, DATED 04/09/2023 ANNEXURE A4 ANNEXURE-A4: DISTRICT COLLECTOR LETTER REF: DCTSR/10186 /2023-C8, DATED 09/11/2023 ANNEXURE A5 ANNEXURE-A5: GOVT OF KERALA ORDER NO. SC3/204/2022/ HOME, DATED 20/06/2023 ANNEXURE-1:CERTIFIED ANNEXURE-1: CERTIFIED COPY OF BAIL ORDER COPY OF BAIL FINAL NO. 9808 OF 2023, DATED 20/12/2023 ORDER ANNEXURE-2: ANNEXURE-2: CERTIFIED COPY OF BAIL ORDER CERTIFIED COPY OF NO. 9808 OF 2023, DATED 21/11/2023 BAIL INTERIM ORDER ANNEXURE M1 COPY OF TRACKING OF SERVICE OF NOTICE ANNEXURE M2 PRINT OUT OF EMAIL DATED 10/01/2024 ANNEXURE M3 PRINT OUT OF EMAIL DATED 22/02/2024 ANNEXURE M4 INTIMATION OF CASE PENDING SENT THROUGH WHATSAPP
1 issue framed by the court
Whether bail granted in B.A.No.9808/2023 should be cancelled on the ground that the accused concealed prior crimes while seeking anticipatory bail?
NAUSHAD A J
JAIN K J
STATE OF KERALA
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
