Kerala High Court
Gafoor K.M vs State Of Kerala on 24 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79429
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 7686 OF 2024
CRIME NO.44/2023 OF VALAPPATANAM POLICE STATION, KANNUR
PETITIONER/ACCUSED NO.2:
GAFOOR K.M.
AGED 47 YEARS
S/O.MOIDEEN,
KUNNATH PEEDIKAYIL,
VARAVOOR P.O.,
THRISSUR DISTRICT, PIN - 680585
BY ADV K.RAKESH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
2 DIRECTOR GENERAL OF POLICE
STATE OF KERALA, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH (ECONOMIC OFFENCE WING),
CNEW, KANNUR DISTRICT, PIN - 670102
4 THE STATION HOUSE OFFICER
KANNUR TOWN POLICE STATION,
KANNUR DISTRICT, PIN - 670002
2024:KER:79429
Crl.M.C.No.7686 of 2024
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BY ADV.NOUSHAD K. A,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:79429
Crl.M.C.No.7686 of 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.7686 of 2024
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Dated this the 24th day of October, 2024
ORDER
Petitioner is the accused in 201 cases allegedly committed as
being the Director of a company by name 'Kannur Urban Nidhi Limited'.
Though petitioner claims to have been granted bail in all those cases, the
conditions of bail stipulate that he must appear before the investigating
officer on a particular day every week. Since the cases are registered
before different Police Stations, the direction to appear before the
different investigating officers at the same time on the same day or on
different days are causing serious prejudice, according to the petitioner.
In similar instances, this Court had granted the benefit of appearing
before a single investigating officer in supersession of the condition
imposed in various bail orders. Petitioner claims the benefit of such a
relief.
2. I have heard Sri.K.Rakesh, the learned counsel for the
petitioner, and Sri. Noushad. K.A., the learned Public Prosecutor.
3. The direction to appear before the Investigating Officer in an
order granting bail, is only to ensure that the accused remains within the
jurisdiction of the Officer, until completion of investigation. This Court has
already observed in Annexure-C, that conditions of bail cannot be too
onerous and compelling resulting in prejudice to the accused.
2024:KER:79429
4. Taking note of the circumstances that the petitioner is the
Director of the company, which is alleged to have indulged in a serious
offence, I am of the view that the conditions of bail imposed in the 199
cases listed in Annexure-E, directing the petitioner to appear on every
Saturday before the Dy.S.P., Kannur, Dy.S.P., Wayanad, Dy.S.P.,
Kozhikode and Dy.S.P., Kasaragod are required to be modified, and
confined to one Investigating Officer as it will be practically impossible to
appear on the same day before four Investigating Officers in four
different districts. Since the petitioner is the Director, his appearance
may be essential only once in two months, instead of every week.
5. Accordingly, in modification of the conditions of bail issued in
the cases already registered in which bail has been obtained by the
petitioner, and listed in Annexure E, he is granted liberty to appear
before the Deputy Superintendent of Police, EOW, Kannur, between
9.00 AM and 12.00 PM on the 4th Saturday of every alternate month
commencing from 30.10.2024. All other conditions imposed in the
respective bail orders shall continue in force. It is also clarified that apart
from the above, petitioner shall appear before the Investigating Officer
as and when directed, in writing.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/24.10.24.
2024:KER:79429
PETITIONER'S ANNEXURES
Annexure A A TRUE COPY OF THE ORDER IN
CRL.M.C.NO.827/2023 OF THE ADDITIONAL
SESSIONS JUDGE-IV, THALASSERY DATED, 16-
5-2023
Annexure B A TRUE COPY OF THE JUDGMENT DATED, 21-11-
2023 OF THIS HON'BLE COURT IN W.P.
Annexure C A TRUE COPY OF THE ORDER DATED, 4-1-2024
OF THIS HON'BLE COURT IN
Annexure D A TRUE COPY OF THE ORDER DATED, 25-3-2024
OF THIS HON'BLE COURT IN
Annexure E TRUE COPY OF THE LIST SHOWING THE
PARTICULARS OF THE CASES REGISTERED AS
AGAINST THE PETITIONER
