Kerala High Court
Niyas Kuttassery vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 521 OF 2023
CRIME NO.539/2021 OF KASABA POLICE STATION, KOZHIKODE
PETITIONER/SUBSEQUENTLY ADDED AS ACCUSED NO.5 BASED ON
ADDITIONAL REPORT:
NIYAS KUTTASSERY,
AGED 41 YEARS
KUTTASSERY HOUSE, KIZHAKKETHALA PANAKKAD VILLAGE,
ERNAD TALUK, MALAPPURAM DISTRICT., PIN - 676519
BY ADVS.SUSANTH SHAJI
VARGHESE C.KURIAKOSE
ALBIN A. JOSEPH
RESPONDENTS/STATE AND PRESENT INVESTIGATING OFFICER AND THE
OFFICER WHO REGISTERED THE CRIME:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
2 THE ASST. COMMISSIONER OF POLICE,
DISTRICT CRIME BRANCH, KOZHIKODE CITY, KOZHIKODE,
PIN - 673004
3 THE STATION HOUSE OFFICER,
KOZHIKODE CUSBA POLICE STATION, PUTHIYARA P.O.,
KOZHIKODE DISTRICT., PIN - 673304
BY ADVS.
P.NARAYANAN, SENIOR P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2023, ALONG WITH Bail Appl..546/2023 AND CONNECTED
CASES, THE COURT ON 13.04.2023 DELIVERED THE FOLLOWING:
BA No.521/2023 and conn.cases
-:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 546 OF 2023
CRIME NO.320/2021 OF NALLALAM POLICE STATION, KOZHIKODE
PETITIONER/SUBSEQUENTLY ADDED AS ACCUSED O.5 BASED ON
ADDITIONAL REPORT:
NIYAS KUTTASSERY,
AGED 41 YEARS
S/O USMAN KUTTASSERY, KUTTASSERY HOUSE,
KIZHAKKETHALA, PANAKKAD VILLAGE, ERNAD TALUK,
MALAPPURAM DISTRICT., PIN - 676519
BY ADVS.SUSANTH SHAJI
VARGHESE C.KURIAKOSE
ALBIN A. JOSEPH
RESPONDENTS/STATE AND PRESENT INVESTIGATING OFFICER AND THE
OFFICER WHO REGISTRERED THE CRIME:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 THE ASST. COMMISSIONER OF POLICE,
DISTRICT CRIME BRANCH, KOZHIKODE CITY,
KOZHIKODE., PIN - 673004
3 THE STATION HOUSE OFFICER,
NALLALAM POLICE STATION, NALLAM. P.O.,
KOZHIKODE DISTRICT., PIN - 673027
BY ADVS.
P.NARAYANAN, SENIOR P.P. ,
SHRI.SAJJU.S., SENIOR G.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2023, ALONG WITH Bail Appl..521/2023 AND CONNECTED
CASES, THE COURT ON 13.04.2023 DELIVERED THE FOLLOWING:
BA No.521/2023 and conn.cases
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 548 OF 2023
CRIME NO.543/2021 OF KASABA POLICE STATION, KOZHIKODE
PETITIONER/SUBSEQUENTLY ADDED AS ACCUSED NO.5 BASED ON
ADDITIONAL REPORT:
NIYAS KUTTASSERY
AGED 41 YEARS
S/O USMAN KUTTASSERY, KUTTASSERY HOUSE,
KIZHAKKETHALA, PANAKKAD VILLAGE, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 676519
BY ADVS.SUSANTH SHAJI
VARGHESE C.KURIAKOSE
ALBIN A. JOSEPH
RESPONDENTS/STATE AND PRESENT INVESTIGATING OFFICER AND THE
OFFICER WHO REGISTERED THE CRIME:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 THE ASST. COMMISSIONER OF POLICE
DISTRICT CRIME BRANCH, KOZHIKODE CITY,
KOZHIKODE., PIN - 673004
3 THE STATION HOUSE OFFICER
KOZHIKODE CUSBA POLICE STATION, PUTHIYARA P.O.,
KOZHIKODE DISTRICT, PIN - 673304
BY ADVS.
P.NARAYANAN, SENIOR P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2023, ALONG WITH Bail Appl..521/2023 AND CONNECTED
CASES, THE COURT ON 13.04.2023 DELIVERED THE FOLLOWING:
BA No.521/2023 and conn.cases
-:4:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 554 OF 2023
CRIME NO.542/2021 OF KASABA POLICE STATION, KOZHIKODE
PETITIONER/SUBSEQUENTLY ADDED AS ACCUSED NO.6 BASED ON
ADDITIONAL REPORT:
NIYAS KUTTASSERY
AGED 41 YEARS
S/O USMAN KUTTASSERY, KUTTASSERY HOUSE,
KIZHAKKETHALA, PANAKKAD VILLAGE, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 676519
BY ADVS.SUSANTH SHAJI
VARGHESE C.KURIAKOSE
ALBIN A. JOSEPH
RESPONDENTS/STATE AND PRESENT INVESTIGATING OFFICER AND THE
OFFICER WHO REGISTERED THE CRIME:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE ASST. COMMISSIONER OF POLICE
DISTRICT CRIME BRANCH, KOZHIKODE CITY, KOZHIKODE,
PIN - 673004
3 THE STATION HOUSE OFFICER
KOZHIKODE CUSBA POLICE STATION, PUTHIYARA P.O.,
KOZHIKODE DISTRICT., PIN - 673304
BY ADVS.
P.NARAYANAN, SENIOR P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2023, ALONG WITH Bail Appl..521/2023 AND CONNECTED
CASES, THE COURT ON 13.04.2023 DELIVERED THE FOLLOWING:
BA No.521/2023 and conn.cases
-:5:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 561 OF 2023
CRIME NO.540/2021 OF KASABA POLICE STATION, KOZHIKODE
PETITIONER/SUBSEQUENTLY ADDED AS ACCUSED NO.5 BASED ON
ADDITIONAL REPORT:
NIYAS KUTTASSERY
AGED 41 YEARS
S/O USMAN KUTTASSERY, KUTTASSERY HOUSE,
KIZHAKKETHALA PANAKKAD VILLAGE, ERNAD TALUK,
MALAPPURAM DISTRICT., PIN - 676519
BY ADVS.SUSANTH SHAJI
ALBIN A. JOSEPH
VARGHESE C.KURIAKOSE
RESPONDENTS/STATE AND PRESENT INVESTIGATING OFFICER AND THE
OFFICER WHO REGISTERED THE CRIME:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE ASST. COMMISSIONER OF POLICE
DISTRICT CRIME BRANCH, KOZHIKODE CITY,
KOZHIKODE., PIN - 673004
3 THE STATION HOUSE OFFICER
KOZHIKODE CUSBA POLICE STATION, PUTHIYARA P.O.,
KOZHIKODE DISTRICT., PIN - 673304
BY ADVS.
P.NARAYANAN, SENIOR P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2023, ALONG WITH Bail Appl..521/2023 AND CONNECTED
CASES, THE COURT ON 13.04.2023 DELIVERED THE FOLLOWING:
BA No.521/2023 and conn.cases
-:6:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 568 OF 2023
CRIME NO.541/2021 OF KASABA POLICE STATION, KOZHIKODE
PETITIONER/SUBSEQUENTLY ADDED AS ACCUSED NO.6 BASED ON
ADDITIONAL REPORT:
NIYAS KUTTASSERY
AGED 41 YEARS
S/O USMAN KUTTASSERY, KUTTASSERY HOUSE,
KIZHAKKETHALA PANAKKAD VILLAGE, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 676519
BY ADVS.SUSANTH SHAJI
VARGHESE C.KURIAKOSE
ALBIN A. JOSEPH
RESPONDENTS/STATE AND PRESENT INVESTIGATING OFFICER AND THE
OFFICER WHO REGISTERED THE CRIME:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 THE ASST. COMMISSIONER OF POLICE
DISTRICT CRIME BRANCH, KOZHIKODE CITY,
KOZHIKODE-, PIN - 673004
3 THE STATION HOUSE OFFICER
KOZHIKODE CUSBA POLICE STATION, PUTHIYARA P.O.,
KOZHIKODE DISTRICT, PIN - 673304
BY ADVS.
P.NARAYANAN, SENIOR P.P.
SHRI.SAJJU.S., SENIOR P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2023, ALONG WITH Bail Appl..521/2023 AND CONNECTED
CASES, THE COURT ON 13.04.2023 DELIVERED THE FOLLOWING:
BA No.521/2023 and conn.cases
-:7:-
O R D E R
Dated this the 13th day of April, 2023
All these bail applications are filed under section 438 of the
Code of Criminal Procedure seeking pre-arrest bail.
2. The applicant is accused No.5 in Crime Nos.320/2021
of Nallalam Police Station, accused No.5 in Crime Nos.539/2021,
540/2021 and 543/2021 of Kasaba Police Station and accused No.6 in
Crime Nos.541/2021 and 542/2021 of Kasaba Police Station.
3. The offences alleged in all the crimes are under
sections 406, 420, 120B r/w 34 of IPC, sections 4 and 20 of the
Indian Telegraph Act, 1885, sections 3, 6(1), 6(1A) of Indian
Wireless Telegraphy Act, 1933 and sections 65, 43(a), (b), (f), (g),
(i) r/w 66, 66F (1)(B) of the Information Technology Act, 2000.
4. The prosecution case in all cases is identical. It is
alleged that the applicant with criminal intention conspired with
other accused persons viz., Juraiz, Shabeer, Krishnaprasad,
Ibrahim Pullattil and Abdul Gafoor, had conducted illegal
fraudulent activities to acquire unlawful gain by installing parallel
BA No.521/2023 and conn.cases
illegal telephone exchanges at different locations at Kozhikode
and converted international phone calls and other phone calls by
terminating those calls and bypassed them to local calls, with the
help of illegal call routing Gateway devices, by inserting pre-
activated SIM cards without the knowledge or consent of the SIM
owners whereby they cheated various telecom service providers
in India, had accessed, tampered, altered and diminished the
value of the telecommunication network, sneaked into the
communication system of the country, breached the internal
security and sovereignty of the nation, threatened the privacy of
the citizen and threatened the country's internal security and
economic stability causing huge amount of monetary loss to the
Government of India and thereby committed the offences.
5. I have heard Sri.Varghese C.Kuriakose, the learned
counsel for the applicant and Sri.P.Narayanan, the learned Senior
Public Prosecutor.
6. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the
cases. The learned counsel further submitted that no materials
BA No.521/2023 and conn.cases
are on record to connect the applicant with the alleged crimes;
hence, he is entitled to get bail. The learned counsel also
submitted that there are no ingredients to constitute the offence
under sections 406 and 420 of IPC and section 66 F(1)(B) of the IT
Act in the FIR. The learned Public Prosecutor, on the other hand,
submitted that the alleged incident was occurred as a part of the
intentional criminal acts of the applicant, and if he is released on
bail at this stage, it will affect the course of the investigation. The
learned Public Prosecutor further submitted that the applicant is
the prime accused in all cases who arranged the servers to
function illegal exchanges and his custodial interrogation is
necessary. The Public Prosecutor further submitted that the
applicant is absconding, and LOC issued against him is in force. It
is also submitted that considering the gravity of the cases, a
request has already been made to transfer the investigation of
the cases to NIA.
7. The law regarding the grant or refusal of pre-arrest bail
is well settled. Pre-arrest bail cannot be granted as matter of
course. The power under section 438 of Cr.P.C could be exercised
only when a special case is made out, that too, recording reasons
BA No.521/2023 and conn.cases
thereof. In catena of decisions, the Apex Court has held that pre-
arrest bail can be granted only in exceptional circumstances
where the court is prima facie of the view that the accused has
falsely been roped in the crime and would not misuse his liberty.
[See D.K.Ganesh Babu v. P.T.Manokaran (AIR 2007 SC 1450),
State of Maharashtra v. Mohammed Sajid Husain
Mohammed S.Husain (AIR 2008 SC 155), Union of India v.
Padam Narain Aggarwal (AIR 2009 SC 254), Siddharam
Satlingappa Mhetre v. State of Maharashtra and others
(AIR 2011 SC 312) and Jai Prakash Singh v. State of Bihar
and another (AIR 2012 SC 1676)]. The Apex Court in
P.Chidambaram v. Directorate of Enforcement (AIR 2019 SC
4198) laid down the factors and parameters to be considered
while dealing with the anticipatory bail. It was held thus:
"Ordinarily, arrest is a part of procedure of the
investigation to secure not only the presence of the
accused but several other purposes. Power under Section
438 Cr.PC is an extraordinary power and the same has to
be exercised sparingly. The privilege of the pre-arrest bail
should be granted only in exceptional cases. The judicial
discretion conferred upon the court has to be properly
exercised after application of mind as to the nature and
gravity of the accusation; possibility of applicant fleeing
BA No.521/2023 and conn.cases
justice and other factors to decide whether it is a fit case
for grant of anticipatory bail. Grant of anticipatory bail to
some extent interferes in the sphere of investigation of an
offence and hence, the court must be circumspect while
exercising such power for grant of anticipatory bail.
Anticipatory bail is not to be granted as a matter of rule
and it has to be granted only when the Court is convinced
that exceptional circumstances exist to resort to that
extraordinary remedy."
8. The case records show that the accused installed six
parallel illegal telephone exchanges at different locations in
Kozhikode. It has come out during the investigation that the
applicant has an active role related to the installation and
functioning of illegal exchanges. He supplied cloud servers to the
other accused to install the illegal exchange. During the
investigation, a diary seized from the office of the firm 'Links IT
Solutions', owned by the accused No.2, showed the applicant's
name and an IP number adjacent to his name. The said IP number
was also detected from the SIM boxes by the CDAC officials while
examination. The origin of this IP number was investigated, and it
was revealed that an Aurangabad-based firm M/s Intellectica
Systems Pvt. Ltd., who used to rent virtual and dedicated servers
for clients, had given a server in the aforesaid IP number to the
BA No.521/2023 and conn.cases
applicant. Subsequently, a notice under section 91 of Cr. P.C. was
served to the company, and it was revealed that they had given
several server spaces to the applicant on a rental basis. The
servers were actively found to be maintained by the applicant by
giving monthly rent. The virtual servers managed by the
applicant and used for the functioning of the illegal exchanges
were detected, seized, and extracted during the investigation.
The applicant's Pay Pal payment wallet account was also seized,
which showed that he had done a huge transaction of
Rs.38,56,818.12 in recent years as the rent of the servers he
maintained. The investigating agency requested the department
of telecom to inspect the seized articles. After inspection, the
telecom authority issued certificates clarifying that using this
type of equipment in this manner bypasses the licensed
International Long Distance Operator (for short, 'ILDO') Gateways
and is illegal. Further, it was clarified that this set-up caused a
loss of revenue to the licensed ILDO, and the Government of India
has also lost a one-time entry fee of Rs.2.5 crores towards the
ILDO license in each case. It was also asserted that this set-up
poses a security threat to the nation as the calls switched
BA No.521/2023 and conn.cases
through this set-up cannot be traced and are beyond the scope of
lawful interception.
9. The servers involved in the functioning of the illegal
exchanges were detected and extracted as per the Magistrate
Court's permission during the investigation. Among them, one
server in IP No.185.189.124.149, allegedly maintained and
managed by the applicant, was analysed. The counsel for the
applicant relying on the IP lookup result submitted that it was not
maintained and managed by the applicant. However, according
to the prosecution, during the investigation, it was found that it
was maintained and managed by the applicant. On analysing the
said server data, it was revealed that the applicant maintained
582 call routes and connected 110 voice applications. Among the
call routes sold were to countries like Syria, Yemen, Jordan,
Palestine, Pakistan, Afghanistan, Nigeria and Turkey. Annexure X1
produced by the respondent is the printouts of the initial six
pages of a 396-page table and a consolidated list of money trials
containing the details of the payment found during the extraction
of the servers maintained by the applicant. On analysis of the
consolidated data, it was revealed that the applicant had
BA No.521/2023 and conn.cases
conducted an overall transaction equivalent to Indian Rupees
46,23,41,544/- through the currencies of different countries like
the United States of America, Pakistan, Bangladesh, Oman, UAE
and Saudi Arabia. From the aforesaid amount, Rs 10,52,19,523/-
was found to be circulated directly among the accused and
various other individuals connected with the parallel exchange
installation. According to the investigation agency, these data
show that the applicant controlled and acted as a hub of many
Hawala money transactions among those who operated illegal
exchanges. Of course, since it affects the country's economy, it
needs to be probed into in detail.
10. No doubt, the investigation conducted so far reveals
that the applicant and the remaining accused had violated the
nation's existing law by permitting communication through their
illegal parallel telephone exchanges. The SIM cards used in the
SIM boxes by the accused in these parallel installations were
procured from different States. It is revealed from the
investigation that fake documents were provided to the service
providers to acquire the same. Those SIM cards were obtained
without the knowledge or consent of the SIM owners. By
BA No.521/2023 and conn.cases
operating the parallel telephone exchange using GSM Gateway
devices, soft switches, preactivated SIM cards etc., the accused
obtained access to call data records of the clients, which is
restricted data for the security and privacy of the citizens. Access
to call data records of the subscribers by the accused is against
the public interest and public safety. Such CDRs were found in
huge volumes in the applicant's data server. Vast volumes of
CDRs were found in the server and call routes maintained by the
applicant. According to the investigating agency, by lending
these call routes, the applicant allowed China Skyline company to
access Indian Telecommunication beyond the scope of
interception, which is against the interest of national security. An
illegal exchange functions by pushing communication to the
country, bypassing the highly secured International Long-
Distance Gateways without being noticed by the security system
of our country.
These facts and circumstances show that the accusation
made against the applicant is very serious in nature and it prima
facie shows a premeditated criminal act on his part. The
investigation of the case is halfway. The LOC issued against the
BA No.521/2023 and conn.cases
applicant is still in force. According to the investigating agency, it
is essential to find the missing Gateway devices (SIM boxes) and
material objects, including his laptops and mobile phones, which
are exclusively in his knowledge. The passwords of the Skype
account and his Pay Pal wallet is essential to find out his
monetary transaction. The source of his huge income is also to be
verified in detail. For all these purposes, his custodial
interrogation is necessary. As rightly argued by the learned Public
Prosecutor, the possibility of the applicant influencing the
witnesses and interfering with the investigation cannot be ruled
out if he is released on bail. Considering the gravity of the
offence and stage of the investigation, it is not a fit case where
extra ordinary jurisdiction vested with this Court u/s 438 of Cr.P.C.
could be invoked. The bail applications are accordingly,
dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Rp
BA No.521/2023 and conn.cases
APPENDIX OF BAIL APPL. 521/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE CITIZEN COPY
OF THE FIR IN CRIME NO.539/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION,
KOZHIKODE
Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER DATED
03.12.2020 IN B.A.NO.6931/2020 ON THE
FILES OF THIS HON'BLE COURT.
Annexure A3 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN
VOMBATKERE S.G V UNION OF INDIA [2022
(3) KHC 504]
Annexure A4 TRUE PHOTOSTAT COPY OF THE COMMON ORDER
DATED 09.01.2023 IN CRL.M.C.NO.5/2023 ON
THE FILES OF SESSIONS COURT KOZHIKODE
Annexure A5 TRUE PHOTOSTAT COPY OF THE REPORT DATED
06.01.2022 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE JFCM COURT-III,
KOZHIKODE IN CRIME NO.539/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION
RESPONDENT ANNEXURES
Annexure R1 TRUE COPY OF THE LOC DATED 07-01-2022
BA No.521/2023 and conn.cases
APPENDIX OF BAIL APPL. 546/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE CITIZEN COPY
OF THE FIR IN CRIME NO.320/2021 ON THE
FILES OF NALLALAM POLICE STATION,
KOZHIKODE
Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER DATED
03.12.2020 IN B.A.NO.6931/2020 ON THE
FILES OF THIS HON'BLE COURT.
Annexure A3 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN
VOMBATKERE S.G V. UNION OF INDIA [2022
(3) KHC 504]
Annexure A4 TRUE PHOTOSTAT COPY OF THE COMMON ORDER
DATED 09.01.2023 IN CRL.M.C.NO.4/2023 ON
THE FILES OF SESSIONS COURT KOZHIKODE
Annexure A5 TRUE COPY OF THE REPORT DATED 06.01.2022
SUBMITTED BY THE 2ND RESPONDENT BEFORE
THE JFCM COURT-V, KOZHIKODE IN CRIME NO.
320/2021 ON THE FILES NALLALAM POLICE
STATION
BA No.521/2023 and conn.cases
APPENDIX OF BAIL APPL. 548/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE CITIZEN COPY
OF THE FIR IN CRIME NO.543/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION,
KOZHIKODE
Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER DATED
03.12.2020 IN B.A.NO.6931/2020 ON THE
FILES OF THIS HON'BLE COURT.
Annexure A3 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN
VOMBATKERE S.G V UNION OF INDIA [2022
(3) KHC 504]
Annexure A4 TRUE PHOTOSTAT COPY OF THE COMMON ORDER
DATED 09.01.2023 IN CRL.M.C.NO.9/2023 ON
THE FILES OF SESSIONS COURT KOZHIKODE
Annexure A5 TRUE PHOTOSTAT COPY OF THE REPORT DATED
06.01.2022 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE JFCM COURT-III,
KOZHIKODE IN CRIME NO.543/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION
BA No.521/2023 and conn.cases
APPENDIX OF BAIL APPL. 554/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE CITIZEN COPY
OF THE FIR IN CRIME NO.542/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION,
KOZHIKODE
Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER DATED
03.12.2020 IN B.A.NO.6931/2020 ON THE
FILES OF THIS HON'BLE COURT.
Annexure A3 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN
VOMBATKERE S.G V UNION OF INDIA [2022
(3) KHC 504]
Annexure A4 TRUE PHOTOSTAT COPY OF THE COMMON ORDER
DATED 09.01.2023 IN CRL.M.C.NO.8/2023 ON
THE FILES OF SESSIONS COURT KOZHIKODE
Annexure A5 TRUE PHOTOSTAT COPY OF THE REPORT DATED
06.01.2022 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE JFCM COURT-III,
KOZHIKODE IN CRIME NO.542/2021
BA No.521/2023 and conn.cases
APPENDIX OF BAIL APPL. 561/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE CITIZEN COPY
OF THE FIR IN CRIME NO.540/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION,
KOZHIKODE
Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER DATED
03.12.2020 IN B.A.NO.6931/2020 ON THE
FILES OF THIS HON'BLE COURT.
Annexure A3 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN
VOMBATKERE S.G V UNION OF INDIA [2022
(3) KHC 504]
Annexure A4 TRUE PHOTOSTAT COPY OF THE COMMON ORDER
DATED 09.01.2023 IN CRL.M.C.NO.6/2023 ON
THE FILES OF SESSIONS COURT KOZHIKODE
Annexure A5 TRUE PHOTOSTAT COPY OF THE REPORT DATED
06.01.2022 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE JFCM COURT-III,
KOZHIKODE IN CRIME NO.540/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION
BA No.521/2023 and conn.cases
APPENDIX OF BAIL APPL. 568/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE CITIZEN COPY
OF THE FIR IN CRIME NO.541/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION,
KOZHIKODE
Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER DATED
03.12.2020 IN B.A.NO.6931/2020 ON THE
FILES OF THIS HON'BLE COURT.
Annexure A3 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN
VOMBATKERE S.G V UNION OF INDIA [2022
(3) KHC 504]
Annexure A4 TRUE PHOTOSTAT COPY OF THE COMMON ORDER
DATED 09.01.2023 IN CRL.M.C.NO.7/2023 ON
THE FILES OF SESSIONS COURT KOZHIKODE
Annexure A5 TRUE PHOTOSTAT COPY OF THE REPORT DATED
06.01.2022 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE JFCM COURT-III,
KOZHIKODE IN CRIME NO.541/2021 ON THE
FILES OF KOZHIKODE CUSBA POLICE STATION
