Kerala High Court
Abdul Ali @ Abdul Jaleel vs The Station House Officer on 8 March, 2012
Author: M.Sasidharan Nambiar
Bench: M.Sasidharan Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.SASIDHARAN NAMBIAR
THURSDAY, THE 8TH DAY OF MARCH 2012/18TH PHALGUNA 1933
Bail Appl..No. 1406 of 2012 ()
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(CRIME NO.525/2011 OF CBCID, KOZHIKODE)
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PETITIONER/ACCUSED:
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ABDUL ALI @ ABDUL JALEEL,
S/O. MUHAMMED, AGED 32 YEARS, MANGOTTU HOUSE,
ANDHIYOOR KUNNU P.O. KOTTAPPURAM,
MALAPPURAM - 673 637.
BY ADV. SRI.K.M.FIROZ
RESPONDENT/STATE:
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THE STATION HOUSE OFFICER,
CRIME BRANCH, CID, KOZHIKODE
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM .
BY PUBLIC PROSECUTOR SRI. S. SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR, J
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B.A.No.1406 of 2012
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Dated 8th March, 2012
ORDER
Petitioner is the accused in Crime No.659 of 2011 of Vatakara Police Station registered for the offences under Section 406 and 420 of IPC read with Sections 4, 5 and 6 of Prize Chits and Money Circulation Scheme (Banning )Act, 1978. Prosecution case is that defacto complainant paid Rs.7,12,000/- on the inducement made by the petitioner that he will be paid interest at 2.5 % for 100 days and the petitioner misappropriated the same and thereby committed the offences. Petitioner earlier filed B.A.No.5555 of 2011 for anticipatory bail under Section 438 of Code of Criminal Procedure. By Annexure A1 order, petitioner was directed to report before the Investigating Officer for interrogation. Petitioner surrendered before the Investigating Officer on 23.2.2012 and he was interrogated and produced before the concerned Magistrate and was remanded. He has been in ba 1406/12 2 custody since then.
2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Learned Public Prosecutor opposed the petition submitting that petitioner is involved in similar other cases and if released on bail, he will flee from justice and will not be available for investigation.
3. On perusing the case diary, I do not find that further detention of the petitioner is necessary for the purpose of investigation in this particular case. If his non interference in investigation and fleeing from justice is taken care of, petitioner could be released on bail.
4. Release the petitioner on bail on executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of Chief Judicial Magistrate, Kozhikode on the following conditions.
i) Petitioner shall report before the Investigating Officer on every Thursday between 10 and 12 am for two months and thereafter as and when required.
ba 1406/12 3
ii) Petitioner shall not induce, influence or threaten any person from disclosing facts known to him to the Investigating Officer or the court.
iii)Petitioner shall surrender his passport before the learned Magistrate and shall not leave India without the previous permission of the learned Magistrate.
M.SASIDHARAN NAMBIAR, JUDGE lgk