Kerala High Court
Shameem vs The State Of Kerala on 12 July, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 12TH DAY OF JULY 2017/21ST ASHADHA, 1939
Bail Appl..No. 4226 of 2017 ()
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CRIME NO.122/2016 OF WANDOOR POLICE STATION, MALAPPURAM DISTRICT.
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PETITIONER/3RD ACCUSED:
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SHAMEEM, AGED 24 YEARS,
S/O.SHAMSUDHEEN K.T.,
KALARIKATTIL THANDUPARAKKAL HOUSE,
NARIMADAKKAL, THONDIYIL, WANDOOR,
MALAPPURAM DISTRICT.
BY ADVS.SRI.P.SAMSUDIN
SRI.JITHIN LUKOSE
RESPONDENT/COMPLAINANT:
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THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
(IN CRIME NO.122/2016 OF WANDOOR POLICE STATION)
BY PUBLIC PROSECUTOR SRI.S.SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12-07-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
SUNIL THOMAS, J.
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B. A. No. 4226 of 2017
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Dated this the 12th day of July, 2017
O R D E R
The petitioner is the 3rd accused in Crime No.122/2016 of Wandoor Police Station, Malappuram for offences punishable under Sections 406, 419, 468 read with 34 IPC. It appears that a vehicle, belonging to the defacto complainant, which was under
hypothication with the financier, was agreed to be sold to the 1st accused, subject to certain conditions. The 1st accused committed breach of those conditions and sold the vehicle to third party with the assistance of the petitioner herein. Crime was registered and the petitioner apprehending arrest, seeks bail.
2. The learned Public Prosecutor explained that, at the instance of the 1st accused, the 2nd accused solicited the assistance of the 3rd accused, who posed himself as the original owner of the vehicle before the financier and got the RC book released. With that RC Book, the vehicle was allegedly sold by the 1st accused. The crucial role is attributed to the 1st and 3rd accused. The 2nd accused, though has played an active role, has only facilitated the impersonation by the 3rd accused. B. A. No. 4226 of 2017 2
3. It appears that the 3rd accused has some role in the commission of the offence. Even according to the prosecution, he had no criminal intention as such.
Having regard to the nature of allegations against the petitioner, I am inclined to direct him to appear before the Investigating Officer. Hence, the bail application is disposed of with a direction that the petitioner shall appear before the Investigating Officer within 10 days from today. After interrogation and recovery, if any, he shall be produced before the jurisdictional Magistrate on the same day itself, who shall consider the bail application, if any, filed by him on the same day itself.
Sd/-
SUNIL THOMAS, JUDGE.
/true copy/ P. A. to Judge Pn