Kerala High Court
Shabeer Ali vs The Sub Inspector Of Police on 21 March, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
Bail Appl..No. 1172 of 2016 ()
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CRIME NO. 258/2014 OF PERAMANGALAM POLICE STATION, THRISSUR DIST.
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PETITIONER(S):
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SHABEER ALI, S/O.UMMER, AGED 28 YEARS,
RESIDING AT MUNDAKKATTUTHODI VEETTIL HOUSE,
MANNENGODU DESOM, KOPPAM VILLAGE,
OTTAPALAM TALUK.
BY ADV. SMT.M.A.JINSA MOL.
RESPONDENT(S):
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THE SUB INSPECTOR OF POLICE,
PERAMANGALAM POLICE STATION,
THRISSUR DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.C. RASHEED.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10/03/2016, THE COURT ON 21/03/2016 PASSED THE
FOLLOWING:
rs.
SUNIL THOMAS, J.
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B.A.No.1172 of 2016
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Dated this the 21st day of March, 2016
O R D E R
The first accused in Crime No.258/2014 of Peramangalam police station for offences punishable under sections 43(a)(i) and 66 of Information Technology Act is the petitioner herein.
2. The petitioner herein is a computer programmer of NIC in connection with implementation of students registration software for dental college admission. The cut off date prescribed by the Dental Council of India for admission to BDS Course during 2013-14 was 30/9/2013. It was closed on that day, based on the software developed by the NIC. Dental Council by their communication dated 31/1/2014 informed the Kerala University of Health Sciences that two students admitted in the dental college at Muvattupuzha of which accused Nos.3 to 6 were in management, were not included in the list forwarded by the college after verification of certificates of students on 4/11/2013. It was revealed that two B.A.No.1172/2016 2 persons were deleted and names of above two were added. Investigation revealed that the names were added by the petitioner herein on the basis of e-mail sent to him by the second accused. On the basis of the complaint of the Registrar, crime was registered and the petitioner apprehends arrest.
The contention of the petitioner is that he has been rectifying clerical mistakes even for others. Hence, when the second accused requested by e-mail, changes were made bona fide. At present there is nothing to show that the petitioner herein is either a beneficiary or colluded with others. Whether it was a bona fide act, or one actuated by malafides is a matter of detailed investigation, I feel that if pre arrest bail is granted to the petitioner, it may hamper the investigation. However, custodial interrogation of petitioner will arise only if something is revealed that he has colluded with other main accused to commit a crime. Hence, petition fails and is dismissed.
Sd/-
SUNIL THOMAS Judge dpk True Copy P S to Judge B.A.No.1172/2016 3 SUNIL THOMAS, J.
------------------------------------------- B. A. No. 1172 of 2016
------------------------------------------- Dated this the 21st day of March, 2016 O R D E R After the order was pronounced in the bail application the learned counsel for the petitioner sought a direction that in the light of the observation made in the last paragraph of the order that the custodial interrogation of the petitioner will arise only if something is revealed that he has colluded with the other accused to commit a crime, notice under Section 41A may be issued in case his interrogation is required in connection with the case.
Permitted. The Investigating Officer shall issue notice under Section 41A Cr.P.C. to the petitioner herein in the ordinary course, for the purpose of investigation.
Sd/-
SUNIL THOMAS, JUDGE.
/true copy/ P. S. to Judge Pn