Kerala High Court
Waseem Thondikodan @ T Vaseem vs State Of Kerala on 19 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2950 OF 2024
CRIME NO.356/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,
KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP PRASANTH MP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2944/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2944 OF 2024
CRIME NO.357/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,
KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP PRASANTH MP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2942 OF 2024
CRIME NO.352/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP PRASANTH MP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2926 OF 2024
CRIME NO.373/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP PRASANTH MP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2930 OF 2024
CRIME NO.353/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP PRASANTH MP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2923 OF 2024
CRIME NO.355/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP: SEENA C
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2967 OF 2024
CRIME NO.345/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP : SEENA C
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2951 OF 2024
CRIME NO.351/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP : SEENA C
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2924 OF 2024
CRIME NO.346/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP PRASANTH MP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2955 OF 2024
CRIME NO.389/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
WASEEM THONDIKODAN @ T VASEEM,
AGED 38 YEARS
S/O T MOIDEEN KUTTY, FLAT NO. 104B,
HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014
BY ADVS.
RAMEEZ NOOH
RONIT ZACHARIAH
BADIR SADIQUE
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP PRASANTH MP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
11
P.V.KUNHIKRISHNAN,J.
---------------------
B.A.Nos. 2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
---------------------------
Dated this the 19th day of April, 2024
ORDER
These bail applications are filed under Section 439 of
Criminal Procedure Code (Cr.P.C.)
2. The petitioners are accused no.1 in Crime Nos.
356/2024, 357/2024, 352/2024, 373/2024, 353/2024,
355/2024, 345/2024, 351/2024, 346/2024 & 389/2024 of
Kottakkal Police Station, Malappuram District. The above
cases are registered mainly alleging offences punishable
under Sections 420, 406 r/w Section 34 IPC.
3. The prosecution case is that the petitioner who is
the Director of a financial establishment by the name SIS
Banc Nidhi Ltd., dishonestly induced the defacto complainant
to make deposit in the said establishment from 23.06.2022
onwards and cheated him by not returning the amount
deposited by the defacto complainants in these cases. The
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
petitioner was arrested on 30/01/2024 and his arrest was
recorded in the other cases on subsequent dates. As per
Annexure A3 judgment, this Court directed the investigating
officer to record the arrest of the petitioner in all cases
because several cases are registered with same set of
allegations.
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the
petitioner is in custody for more than 60 days. It is submitted
that the offence alleged against the petitioner is mainly
under Section 420 of the IPC and the charge sheet is to be
submitted within 60 days from the date of remand. Now, 60
days is over after the arrest of the petitioner and therefore
the petitioner may be released on bail in these cases is the
submission. The learned Public Prosecutor opposes the bail
applications and submitted that the petitioner is the main
accused and he cheated several victims and cases are being
registered against the petitioner based on subsequent
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
complaints also.
6. This Court considered the contention of the
petitioner and the learned Public Prosecutor. It is true that
the petitioner is the 1st accused and he is involved in several
cases. But the petitioner was arrested on 30/01/2024 and his
arrest is recorded in the subsequent cases thereafter. The
offence alleged against the petitioner is mainly under Section
420 of the IPC. Considering the facts and circumstances of
these cases, I think this bail application can be allowed on
stringent conditions.
7. Moreover, it is a well accepted principle that the
bail is the rule and the jail is the exception. The Hon'ble
Supreme Court in Chidambaram. P v Directorate of
Enforcement (2019 (16) SCALE 870), after considering
all the earlier judgments, observed that, the basic
jurisprudence relating to bail remains the same inasmuch as
the grant of bail is the rule and refusal is the exception so as
to ensure that the accused has the opportunity of securing
fair trial.
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
8. Considering the dictum laid down in the above
decision and considering the facts and circumstances of this
case, this Bail Application is allowed with the following
directions:
1. Petitioner shall be released on bail on executing a
bond for Rs.50,000/- (Rupees Fifty Thousand only)
with two solvent sureties each for the like sum to the
satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating
Officer for interrogation as and when required. The
petitioner shall co-operate with the investigation and
shall not, directly or indirectly make any inducement,
threat or promise to any person acquainted with the
facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police
officer.
3. Petitioner shall not leave India without permission
of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to
B.A.Nos.2950, 2944, 2942, 2926, 2930,
2923, 2967, 2951, 2924 & 2955 of 2024
the offence of which they are accused, or suspected,
of the commission of which they are suspected.
5. Petitioner shall surrender his passport. If there is no
passport, the petitioner shall file an affidavit to that
effect.
6. If any of the above conditions are violated by the
petitioner, the jurisdictional Court can cancel the bail in
accordance to law, even though the bail is granted by
this Court.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
APA
