Kerala High Court
Rasheed vs State Of Kerala on 26 April, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
BAIL APPL. NO. 1205 OF 2022
CRIME NO.811/2019 OF Mannarghat Police Station, Palakkad
PETITIONERS/ACCUSED NOS. 4,5, & 6:
1 RASHEED, AGED 39 YEARS, S/O VEERASAN,
POOKATHUKUNNATH HOUSE, PEROOR P.O, OTTAPALAM,
PATHIRIPALA, PALAKKAD, PIN - 679302
2 VENUGOPAL, AGED 50 YEARS, S/O NARAYANAGUPTHAN
MANGALAMKUNNU, CHERPULASSERY, PALAKKAD, PIN -
679514
3 MUHAMMED NOUSHAD, AGED 38 YEARS, S/O MUHAMMED
EDAKURUSSI, MANNARKAD, KALLADIKODE,
PALAKKAD, PIN - 678597
BY ADV RENJITH B.MARAR
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY SMT. REKHA S. SR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.1205/2022
-:2:-
O R D E R
Dated this the 26th day of April, 2022 This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.
2. The petitioners are the accused Nos. 4 to 6 in Crime No.811/2019 of Mannarghat Police Station, Palakkad. The offences alleged are under Sections. 406, 420 and 506 of IPC, Ss.3 and 4 of the Kerala Prevention of Money Circulation Schemes (Banning) Act, 1978.
3. The prosecution case in short is that the petitioners along with the remaining accused received Rs.40,000/- from the de facto complainant on 12/6/2019 promising that the money so deposited would be doubled within 10 months and thereafter cheated the de facto complainant without returning the amount.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been BA No.1205/2022 -:3:- falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.
6. A reading of the FIS would show that the main allegation is against the accused No.1. It was he who received money from the de facto complainant. The accused No.1 was already granted anticipatory bail by this court. Considering the allegations levelled against the petitioners, the custodial interrogation of the petitioners does not appear to be necessary. For all these reasons, the petitioners are entitled to pre-arrest bail on conditions.
In the result, the application is allowed on the following conditions:-
(i) The petitioners shall be released on bail in the event of BA No.1205/2022 -:4:- their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of discovery, if any, as and when demanded.
(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him.
(iv) The petitioners shall not commit any offence of like nature while on bail.
(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the BA No.1205/2022 -:5:- investigation.
(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp