Kerala High Court
Naseem.P.K vs State Of Kerala on 5 December, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
Bail Appl..No.8716 OF 2019
CRIME NO.646/2019 OF Ottapalam Police Station, Palakkad
PETITIONER/ACCUSED NO.1:
NASEEM.P.K.,
AGED 20 YEARS,
S/O.MUHAMMEDALI, PUTHANANGADI KIZHAKETHALAKAL HOUSE,
KARINKALLATHANI, THAZHEKODE P.O., PERINTHALMANNA-
679341.
BY ADVS.
SRI.MANSOOR.B.H.
SMT.JANET JOB
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 STATION HOUSE OFFICER,
OTTAPALAM POLICE STATION, PALAKKAD DISTRICT-679101.
SRI AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8716 OF 2019 2
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
2. The applicant herein is the 1st accused in Crime No. 646 of 2019 of the Ottapalam Police Station registered under Sections 416, 419 and 420 of the IPC.
3. The applicant is a student pursuing his Senior Secondary Course in the National Institute of Open Schooling. On 16.10.2019, the XII standard English exam was held at the Islamic Central School at Ottapalam. The applicant herein was issued a hall-ticket to appear for the exam. On the date of exam, the Invigilator noticed that the photographs shown in the Nominal Report did not tally with the photographs affixed in the Daily Attendance Sheet. The Centre Superintendent was immediately informed and he reached the spot. When he interrogated the person, who was writing the exam, it was revealed that he was an impersonator and that he was writing the exam for and on behalf of the applicant herein.
4. Heard Sri.Mansoor, the learned counsel for the applicant, who submitted that the applicant herein is a 20 year old young man and he Bail Appl..No.8716 OF 2019 3 was not even present in India on the date of examination. According to the learned counsel, the 2nd accused is conducting a Tutorial College and he had appeared in the exam without the knowledge and connivance of the applicant.
5. Serious objection was raised by the learned Public Prosecutor. It is submitted that the hall-ticket, the Nominal Report and the Daily Attendance Sheet clearly show that the applicant herein had conspired with the 2nd accused to sabotage the exam and to gain unfair advantage. It is submitted that the 2nd accused is still at large and if pre-arrest bail is granted, it would adversely affect the investigation.
6. I have considered the submissions advanced and have perused the records, which are made available. Prima facie, it appears that enough materials have been collected by the prosecution to link the applicant herein with the crime. However, taking note of the tender age of the applicant herein and his lack of criminal antecedents, I am of the view that by imposing stringent conditions to ensure that he co-operates with the investigation, the relief of pre-arrest bail can be granted to him.
In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, Bail Appl..No.8716 OF 2019 4 he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.
ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.
iii) He shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/6.12.19 //TRUE COPY// P.A.TO JUDGE