Kerala High Court
Kadeejathul Kubra vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
BAIL APPL. NO. 10222 OF 2022
CRIME NO.935/2022 OF MANJESHWAR POLICE STATION, KASARAGOD
PETITIONER/ACCUSED NOS.7, 6, 3, 5 and 8:
1 KADEEJATHUL KUBRA, AGED 43 YEARS, WIFE OF MOOSA,
R/AT AYUB HOUSE, IRSHAD NAGAR, UDAYAVARA,
MANJESHWARA, MANJESHWAR TALUK, KASARAGOD DISTRICT.,
PIN - 671323
2 SHAREEF ABDULLA, AGED 49 YEARS, S/O ABDULLA, R/AT
RAHMATH MANZIL, IRSHAD NAGAR, UDAYAVARA,
MANJESHWARA, MANJESHWAR TALUK, KASARAGOD DISTRICT.,
PIN - 671323
3 SAYYAD SAMAD THANGAL, AGED 45 YEARS, S/O SAYYAD
ABOOBACKER, R/AT SAYYAD VALAPPU, SHEKNOOR ROAD,
UDAYAVARA, MANJESHWARA, MANJESHWAR TALUK, KASARAGOD
DISTRICT., PIN - 671323
4 YOGEESH.K, AGED 42 YEARS, S/O AITHAPPA,
SREEGURUKRIPA, KUCHIKKAD, KUNJATHUR, MANJESHWARA,
MANJESHWAR TALUK, KASARAGOD DISTRICT., PIN - 671323
5 VASANTHI, AGED 66 YEARS, WIFE OF MOHAN NAIK, R/AT
THUMINADU, KUNJATHUR, MANJESHWARA, MANJESHWAR
TALUK, KASARAGOD DISTRICT., PIN - 671323
BY ADVS.
A.ARUNKUMAR
HEERAKRISHNA T.H.
SACHIN GEORGE ARAMBAN
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
PP - M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, ALONG WITH Bail Appl..10118/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.10118 &
10222 of 2022
.. 2 ..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
BAIL APPL. NO. 10118 OF 2022
CRIME NO.935/2022 OF MANJESHWAR POLICE STATION, KASARAGOD
PETITIONER/ACCUSED NO.1:
RAVEENDRA.K.S
AGED 65 YEARS, S/O U.SUNDARA ACHARYA, RESIDING AT
YAMUNA KRISHNA NIVAS, NEAR KUNJATHUR POST OFFICE,
MANJESHWAR TALUK, KASARAGOD DISTRICT., PIN 671323
BY ADVS.
A.ARUNKUMAR
HEERAKRISHNA T.H.
SACHIN GEORGE ARAMBAN
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
BY ADV
PP - NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, ALONG WITH Bail Appl..10222/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.10118 &
10222 of 2022
.. 3 ..
VIJU ABRAHAM, J.
====================
B.A. Nos.10118 & 10222 of 2022
====================
Dated this the 21st day of December, 2022
ORDER
These are applications for anticipatory bail.
2. BA No.10118/2022 is filed by the 1 st accused whereas
BA No.10222/2022 is filed by accused Nos.7, 6, 3, 5 and 8 in
Crime No.935/2022 of Manjeshwar Police Station, Kasaragod
alleging commission of offences punishable under Sections 420,
and 409 r/w Section 34 of the IPC.
3. The prosecution allegation is that, fake gold
ornaments was pledged with the bank and obtained an amount
of Rs.7,94,100/- and thereby cheated the bank.
4. The contention of the petitioner in BA No.10118/2022
is that he has been falsely implicated in the above said crime.
Even though the alleged incident happened in between
04.07.2022 and 01.09.2022 and the complaint was lodged only
on 24.11.2022 and there is an unexplained delay of almost two
months. The petitioner's further case is that the complaint has
BA Nos.10118 &
10222 of 2022
.. 4 ..
been registered after the amount has been repaid in full and
the loan account was closed and he is a sincere employee
and he is working as an appraiser on contract basis and he
has recommended for loan only after verifying the gold
ornaments etc. The petitioners in BA No.10222/2022 have
also raised similar contentions.
5. The learned Public Prosecutor upon instructions
submitted that an amount of Rs.7,94,100/- was obtained
from the bank after pledging fake gold ornaments and the
said crime was committed with the help of the 1 st accused,
who is the appraiser of the bank.
6. Having regard to the facts and circumstances of
the case and considering the nature of the allegations, I am
of the opinion that custodial interrogation may not be
required for the purpose of the investigation and only a
limited custody be granted for the same. In the result,
these applications are allowed. It is directed that the
petitioners shall surrender before the investigating officer on
27.12.2022, at 11 a.m, and subject themselves for
interrogation on that day and on any other
BA Nos.10118 &
10222 of 2022
.. 5 ..
day/days as directed by the investigating officer. The petitioners
shall co-operate with the investigation. In the event of arrest of
the petitioners in Crime No.935/2022 of Manjeshwar Police
Station, Kasaragod, they shall be produced before the
jurisdictional Court on the very same day and shall be released
on bail, subject to the following conditions:-
(i) Petitioners shall execute a bond for a sum
of Rs.50,000/- (Rupees fifty thousand only)
each with two solvent sureties each for the
like-sum to the satisfaction of the jurisdictional
court ;
(ii) The petitioners shall appear before the
investigating officer in Crime No.935/2022 of
Manjeshwar Police Station, Kasaragod, on
every Saturday, at 11 am, until the filing of the
final report;
(iii) Petitioners shall appear before the
investigating officer in Crime No.935/2022 of
Manjeshwar Police Station, Kasaragod as and
when summoned to do so;
(iv) The petitioners shall not attempt to
BA Nos.10118 &
10222 of 2022
.. 6 ..
(contact the victim or the defacto complainant)
or interfere with the investigation or to
influence or intimidate any witness in Crime
No.935/2022 of Manjeshwar Police Station,
Kasaragod;
(v) The petitioners shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.935/2022 of Manjeshwar Police
Station, Kasaragod may file an application before the
jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to
investigate the matter and if necessary to effect recoveries on
the information if any given by any of the petitioners, even
when the petitioners are on bail as per the judgment of the
Apex Court in Sushila Aggarwal and others v. State(NCT of
Delhi) and another(2020(1)KHC 663).
Sd/-
VIJU ABRAHAM,
JUDGE
ded/21.12.2022
