Muhammed Sha vs State Of Kerala
2023 Latest Caselaw 10807 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       BAIL APPL. NO. 5711 OF 2023
     CRIME NO.1106 OF 2023 OF KADAKKAL POLICE STATION, KOLLAM
PETITIONER:

            MUHAMMED SHA,
            AGED 22 YEARS
            S/O S.SHAJEER, SHA MANZIL, VETTUVILA, THUMBODE, KALLARA
            P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695608
            BY ADV LATHEESH SEBASTIAN


RESPONDENT/S:

    1       STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031
    2       MALAVIKA JOY,
            D/O. JOY, HAPPY LAND, KOTTAPPURAM, ELAMPAZHANNUR P.O.,
            KADAKKAL, KOLLAM IS IMPLEADED AS ADDITIONAL R2 AS PER
            ORDER DATED 14-8-23 IN CRL MA 1/23
            BY ADV.SRI.P.G.MANU(MAMMALASSERY), SR.PUBLIC PROSECUTOR




     THIS     BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
      B.A. No.5711 of 2023                     2




                        MOHAMMED NIAS C.P, J.
                       ---------------------------------------------
                            B.A. No.5711 of 2023
                 ------------------------------------------------------
                 Dated this the 19th day of October, 2023.

                                   ORDER

Apprehending arrest in Crime No.1106/2023 of Kadakkal Police

Station, Kollam District, registered for offences punishable under Sections

406, 416, 419, 420, 463 and 464 of the Indian Penal Code, the petitioner

has filed this application under Section 438 of the Code of Criminal

Procedure seeking pre-arrest bail.

2.The prosecution allegation against the petitioner is that the

petitioner with an intention to defraud the defacto complainant and others,

received Rs.1,25,000/- and received several papers from the defacto

complainant promising him to secure an admission at Karanataka

College of Nursing and fraudulently secured a loan of Rs.3,95,000/ from

Grayquest Education Finance Pvt. Ltd. and availed another loan in the

name of the brother of the defacto complainant for Rs.7,00,000/- from

Grayquest Education Finance Pvt. Ltd. on the promise of providing

admission in B.Sc Nursing course and did not secure admission to the

defacto complainant and to her brother nor return the money. Thus the

aforesaid offences are charged against the petitioner.

3. I have considered the rival contentions.

4 It is seen that this Court had granted an interim order dated

9/8/2023, at the time of admission of this case wherein petitioner was

directed to surrender before the Investigating Officer within a period of two

weeks from the date of the order subjecting himself to interrogation.

6. The learned counsel on either side submits that pursuant to the

above order, the petitioner had appeared before the Investigating Officer

as directed and has been released on bail. The said order was in force for

a period of foure weeks from 9.8.2023.

7. In such circumstances, I am inclined to pass an order making the

earlier interim order absolute, subject to the following conditions:

1. The petitioner shall cooperate with the Investigating Officer and

shall appear as and when directed by the Investigating Officer.

2. The petitioner shall not intimidate or attempt to influence the

witnesses, tamper with any evidence, or get involved in similar

offences while on bail.

3. The petitioner shall not leave India without permission of the

jurisdictional court.

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

jurisdictional Court shall be empowered to consider the application

for cancellation, if any, and pass appropriate orders in accordance

with the law.

It is made clear that it is within the power of police to investigate the

matter and if necessary to effect recoveries on the information, if any,

given by the petitioner, even when the petitioner is on bail as per the

judgment of the Apex Court in Sushila Aggarwal and others V. State

( NCT of Delhi) and another [2021 (1) KHC 663]

Sd/-

                                                MOHAMMED NIAS C.P
smv                                                JUDGE





                 APPENDIX OF BAIL APPL. 5711/2023

PETITIONER ANNEXURES
Annexure 1           TRUE COPY OF THE CITIZEN COPY OF FIR IN
                     CRIME NO.1106/2023 OF KADAKKAL POLICE
                     STATION
Annexure 2           TRUE COPY OF THE ACKNOWLEDGMENT LETTER
                     ISSUED BY DEVAMRUTH CHARITABLE TRUST
                     ACKNOWLEDGING RECEIPT OF ORIGINAL

CERTIFICATES OF THE BROTHER OF THE DEFACTO COMPLAINANT FOR SECURING ADMISSION TO THE B.SC NURSING COURSE AT KARNATAKA GROUP OF INSTITUTIONS DATED 27.06.2022 Annexure 3 TRUE COPY OF THE ADMISSION LETTER ISSUED BY THE PRINCIPAL OF OCEAN COLLEGE OF NURSING, BENGALURU DATED 18.01.2023 Annexure 4 TRUE COPY OF THE ACKNOWLEDGMENT LETTER ISSUED BY DEVAMRUTH CHARITABLE TRUST ACKNOWLEDGING RECEIPT OF ORIGINAL CERTIFICATES OF THE DEFACTO COMPLAINANT FOR SECURING ADMISSION TO THE GENERAL NURSING COURSE AT KARNATAKA GROUP OF INSTITUTIONS DATED 27.06.2022 Annexure 5 TRUE COPY OF THE ADMISSION LETTER ISSUED BY THE PRINCIPAL OF SPATIKA SCHOOL OF NURSING, BENGALURU DATED 18.01.2023 Annexure 6 TRUE COPY OF THE AGREEMENT PREPARED BY THE BROTHER OF THE DEFACTO COMPLAINANT ON 26.05.2023 AT THE INSTANCE OF THE INVESTIGATING OFFICER Annexure 7 TRUE COPY OF THE AGREEMENT PREPARED BY THE DEFACTO COMPLAINANT ON 26.05.2023 AT THE INSTANCE OF THE INVESTIGATING OFFICER Annexure 8 TRUE COPY OF THE COMPLAINT OF THE PETITIONER SUBMITTED BEFORE THE INSPECTOR GENERAL OF POLICE ON 06.06.2023 Annexure 9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.19622/2023 DATED 26.06.2023