Muhammed Jasir P. (Shown As Jasir ... vs State Of Kerala
2022 Latest Caselaw 9503 Ker

Citation : 2022 Latest Caselaw 9503 Ker
Judgement Date : 25 August, 2022

Kerala High Court

Muhammed Jasir P. (Shown As Jasir ... vs State Of Kerala on 25 August, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                   BAIL APPL. NO. 6104 OF 2022
CRIME NO.260/2022 OF Varantharappally Police Station, Thrissur
  AGAINST THE ORDER/JUDGMENTCRMC 715/2022 OF DISTRICT COURT &
                     SESSIONS COURT,THRISSUR
PETITIONER/ACCUSED NO.6:

            MUHAMMED JASIR P. (SHOWN AS JASIR ALIAS PULLIKKARAN
            IN FIR)
            AGED 32 YEARS
            S/O AZEEZ, PERINJIKKARA HOUSE,
            KOLAKKATTUCHALI POST, CHELEMBRA,
            MALAPPURAM - 673634
            BY ADVS.
            THAREEQ ANVER K.
            K.SALMA JENNATH
            RASSAL JANARDHANAN A.
            ARUN CHAND
            SHAHNOY SHAJI


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682031
    2       BADHAR HASSAN
            S/O KOYAKKUTTY, PULIKKANNY, VARANTHARAPPILLY,
            THRISSUR - 680303


            BY PP SRI.M.C.ASHI

        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.6104 of 2022                           2




                              VIJU ABRAHAM, J.
              .................................................................
                             B.A.No. 6104 of 2022
              .................................................................
                Dated this the 25th day of August, 2022

                                       ORDER

This is an application for anticipatory bail.

2. Petitioner is the 6th accused in Crime No.260 of 2022 of

Varantharappilly Police Station, Thrissur District registered alleging

commission of offences punishable under Sections 406, 420 and

506 read with Section 34 of the Indian Penal Code.

3. The prosecution case is that the 1st accused, with an

intention to deceive the defacto complainant, received a loan of

Rs.2,00,000/- from the defacto complainant in November 2020 and

a Toyota Etios car with its original RC book on 06.07.2021.

Rs.1,08,300/- of the loan has not been repaid and the accused 1 to

4 is said to have pledged the car along with RC book to accused

Nos.5 and 6. The 6th accused is said to have demanded

Rs.5,00,000/- for the car and intimidated the defacto complainant

that if the amount is not paid the car will be set ablaze and thus the

accused committed the abovesaid offences.

4. Petitioner submits that he has been falsely implicated in

the abovesaid crime and that he had no contact with the defacto

complainant. Petitioner further submits that he is only a witness to

the agreement of sale executed between 1st and 5th accused. The 5th

accused had paid Rs.3,00,000/- as sale consideration to the 1 st

accused. Since the 1st accused did not honour the promise to

transfer the RC book to the name of the 5 th accused, the car was

given back and the amount was also returned by the 1 st accused

and an agreement to that effect was also executed between the 1 st

and 5th accused as evident from Annexure-3. The specific case of

the petitioner is that the vehicle is now in the possession of the 1 st

accused. Petitioner further submits that the 5th accused has already

granted bail by this Court in B.A.No.6101 of 2022.

5. Learned Public Prosecutor opposed the application for

bail mainly contending that it is the 6 th accused who telephonically

intimated the defacto complainant that the vehicle is in his

possession and demanded an amount of Rs.5,00,000/-.

Considering the facts and circumstances of the case

and the fact that the 5th accused has already granted bail by this

Court and also taking into consideration Annexure-3 agreement

executed between 1st and 5th accused, I feel that the petitioner is

entitled for pre-arrest bail but on stringent conditions.

Therefore, the bail application is disposed of with the

following directions. The petitioner shall surrender before the

investigating officer on 31.08.2022 and make himself available for

interrogation on that day or on any other day or days as directed by

the investigating officer. In the event of arrest of the petitioner in

connection with Crime No.260 of 2022 of Varantharappilly Police

Station, Thrissur District, he shall be produced before the

jurisdictional Magistrate on the same day and shall be released on

bail on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties

each for the like sum to the satisfaction of the

jurisdictional Court.

(ii) He shall co-operate with the investigation and make

himself available for interrogation whenever required;

(iii) He shall not directly or indirectly make any inducement,

threat or promise to any witness acquainted with the

facts of the case so as to dissuade them from

disclosing such facts to the court or to any police officer

and shall not tamper with any evidence.