Hamza vs State Of Kerala
2022 Latest Caselaw 8850 Ker

Citation : 2022 Latest Caselaw 8850 Ker
Judgement Date : 7 July, 2022

Kerala High Court

Hamza vs State Of Kerala on 7 July, 2022

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
               BAIL APPL. NO. 2865 OF 2022
 CRIME NO.189/2022 OF MANNARKAD POLICE STATION, PALAKKAD
PETITIONER:

         HAMZA
         AGED 34 YEARS, S/O ABDUL RAHIMAN, NARIKUNNAN
         HOUSE, PERINTTIRI P.O, KUTTILANGADY,
         MALAPPURAM, PIN - 676507

         BY ADV
         P.P.BIJU


RESPONDENT:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

         BY ADV
         PP - SMT. NIMA JACOB


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 BA. No.2865/2022

                                 ..2..


                            ORDER

Dated this the 07th day of July, 2022

This is an application for Anticipatory Bail.

2. The petitioner is the accused in Crime No.189/2022

of Mannarkad Police Station, Palakkad alleging commission of

offences punishable under Section 420 of the IPC.

3. The prosecution case is that, the de facto

complainant, who is a spice merchant at Palakkad and the

accused has purchased arecanut from the de facto

complainant and has issued a cheque towards consideration

and the same was returned unpaid as the cheque was

mutilated.

4. The learned counsel for the petitioner submitted

that the petitioner has been falsely implicated in the above

said crime and further that some cheque's of the petitioner

was found missing and the same was misused. Thereupon,

the petitioner has made Anx.1 - complaint before the Police

Chief, Malappuram. It is further submitted that the petitioner

has no other criminal antecedents.

5. Heard the learned Public Prosecutor also.

6. When the matter was taken up for consideration on BA. No.2865/2022

..3..

06.04.2022, an interim order was passed not to arrest the

petitioner.

7. Having regard to the facts and circumstances of the

case, considering the nature of the allegation, I am inclined to

grant anticipatory bail to the petitioner, subject to conditions.

In the result, the bail application is allowed. In the event of

arrest of the petitioner in Crime No.189/2022 of Mannarkad

Police Station, Palakkad he shall be released on bail, subject to

the following conditions:

(i) Petitioner shall execute bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like-sum to

the satisfaction of the Jurisdictional Court;

(ii) Petitioner shall appear before the

investigating officer in Crime No.189/2022 of

Mannarkad Police Station, Palakkad as and

when required by the investigating officer and

shall co-operate with the investigation;

(iii) The Petitioner shall not attempt to

(contact the victim or the de facto

complainant) or interfere with the BA. No.2865/2022

..4..

investigation or to influence or intimidate any

witness in Crime No. not known to the

petitioner of Mannarkad Police Station,

Palakkad;

(iv) The Petitioner shall not involve in any

other crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.189/2022 of Mannarkad Police