Samikhan, S/O.Salim vs State Of Kerala
2023 Latest Caselaw 8496 Ker

B.A.No.6380/23                         1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                       BAIL APPL. NO. 6380 OF 2023
         [CRIME NO.739/2023 OF VALAVUPACHA POLICE STATION]
PETITIONER:

             SAMIKHAN, S/O.SALIM,
             AGED 21 YEARS,
             SAMIKHAN MANZIL, OZHUKUPARA, MADATHARA P.O.,
             CHITHARA, KOLLAM, PIN - 691 541.

             BY ADVS.
             B.MOHANLAL
             ASWIN V. NAIR
             JAYAPRABHA ARJUN
             AJAY S. KOSHY
             ABIJITH M.
             FERMIN KHADEEJA N.V.



RESPONDENT:

     1       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682 031.

     2       THE STATION HOUSE OFFICER,
             VALAVUPACHA POLICE STATION,
             VALAVUPACHAP.O., KOLLAM, PIN - 691 559.

             SMT.S.SEETHA-SR.PUBLIC PROSECUTOR


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.08.2023,      THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.6380/23                           2

                               ORDER

This is an application filed u/s 439 of the Code of Criminal

Procedure seeking regular bail.

2. Petitioner is the accused in Crime No739 of 2023 of

Valavupacha Police Station, Kollam. Offences alleged against the

petitioner are under Sections 420, 465, 468 and 471 of the Indian

Penal Code.

3. The prosecution case is that, during 2021-2022 in All

India NEET Examination, the accused dishonestly made

alterations in the Application Number of the score card and

subject base mark list and used it for the purpose of cheating the

NEET Examination Agency, National Testing Agency. It is also

alleged that the said documents were presented before this Court

by filing a writ petition seeking appropriate relief in connection

with his admission. The crime was registered in such

circumstances and as part of the investigation, the petitioner was

arrested on 29.06.2023. This application for regular bail is

submitted in such circumstances.

4. Heard Sri.B.Mohanlal, learned counsel for the

petitioner and Smt.Seetha S., learned Public Prosecutor for the

State.

5. I have carefully gone through the records. It is true

that there are specific allegations against the petitioner and this

Court has also taken note of the serious nature of allegations

against the petitioner in Annexure-A2 judgment.

6. However, it is a fact that the petitioner has been under

judicial custody since 29.06.2023 and there is substantial progress

in the investigation. Necessary recoveries from the petitioner is

already effected. No criminal antecedents of the petitioner were

brought to my notice. In such circumstances, when taking note of

the aforesaid aspects, I do not find any necessity of further

incarceration of the petitioner. Therefore, this application is

allowed and the petitioner is directed to be released subject to

following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the

application for cancellation of bail, if any, and pass appropriate

orders in accordance with the law.

Sd/- ZIYAD RAHMAN A.A.

JUDGE DG/7.8.23

APPENDIX OF BAIL APPL. 6380/2023

PETITIONER ANNEXURES

Annexure-A1 THE TRUE COPY OF THE FIR IN CRIME NO:739/2023 OF VALAVUPACHA POLICE STATION IN KOLLAM DISTRICT

Annexure-A2 THE TRUE COPY OF THE ABOVE ORDER DATED 31/05/2023 IN W.P.(C)NO:36173/2022

Annexure-A3 THE TRUE COPY OF THE REMAND APPLICATION DATED 29/06/2023

Annexure-A4 THE TRUE COPY OF THE ORDER IN CMP NO:

2938/2023 DATED 04/07/2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL

Annexure-A5 THE TRUE COPY OF THE ORDER IN CMP NO:

3118/2023 DATED 10/07/2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL

Annexure-A6 THE ORIGINAL ORDER IN CMP NO:3163/2023 DATED 20/07/2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL