Arshal Ismail vs State Of Kerala
2021 Latest Caselaw 13135 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE K.HARIPAL
     WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                      BAIL APPL. NO. 4751 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMP 207/2021 OF DISTRICT COURT &
                   SESSIONS COURT,KOTTAYAM, KOTTAYAM
CRIME NO.489/2021 OF GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT


PETITIONER/4TH ACCUSED:

           ARSHAL ISMAIL
           AGED 26 YEARS
           S/O.ISMAIL, MANAKKAMANNIL HOUSE,
           UDUMBANNOOR P.O., THODUPUZHA,
           IDUKKI DISTRICT.

           BY ADVS.
           K.S.ARUN KUMAR
           JUSTINE JACOB
           AMRUTHA P S
           AMRUTHA K P



RESPONDENT/COMPLAINANT:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           SESSIONS COURT,
           ERNAKULAM, PIN - 682 031.

           BY SRI. SANTHOSH PETER, SR.PUBLIC PROSECUTOR



    THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4751 OF 2021
                                    -2-



                              ORDER

The petitioner is the 4th accused in Crime No.489 of 2021

of Gandhinagar Police Station, Kottayam District. The crime

was registered on 10.04.2021 alleging offence punishable

under Sections 406, 420, 468 and 471 read with Section 34

of IPC.

2. The alleged incident had happened on 06.07.2020.

It is stated that the 1st accused had pledged 33.87 grams of

gold in DBFS Finance and borrowed an amount of

Rs.1,10,000/-, when that amount was not repaid, the

financier conducted auction of the gold and then only it was

revealed that it was spurious gold. Thus the crime was

registered. When the 1st accused was arrested and

questioned, he disclosed the name of accused Nos.2 and 3

and then it came out that the source of the spurious gold was

the petitioner, the 4th accused. That was how the petitioner

was also impleaded as an accused.

BAIL APPL. NO. 4751 OF 2021

3. After hearing learned counsel for the petitioner and

the learned Public Prosecutor, I am not convinced that this is

a fit case for granting anticipatory bail. It seems that on

investigation, the accusing finger has come down to the 4th

accused, who was the source of making spurious gold.

Therefore, his custodial interrogation seems to be necessary.

In that circumstances, anticipatory bail cannot be granted to

him.

Accordingly, this bail application is dismissed.

The learned counsel for the petitioner has submitted that

he is prepared to surrender and co-operate with the

investigation. If he surrenders within ten days from today, the

investigating officer will effect the arrest, if found necessary,

on the same day and will take follow up action with utmost

expedition.

Sd/-

K.HARIPAL JUDGE nkr/23.06.21