Kerala High Court

Haris vs State Of Kerala on 6 March, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

B.A.No.2725 of 2025 & contd cases
                                       1


                                                        2025:KER:19269



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
                          BAIL APPL. NO. 2725 OF 2025
   CRIME NO.78/2025 OF VADAKARA POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED NO.1:

               SHAKKEER @ SHAKKEER ANWARI
               AGED 40 YEARS
               C/O SHAKKEER E., BAITHUL ABRAR HOUSE, VALIYA
               THAZHATH PARAMB, IRINGAL, KOZHIKODE, KERALA,
               PIN - 673521

               BY ADVS.
               HAMZATH ALI V.K.
               AYISHA AFRIN A.V.K.
               MUHAMMAD SHAMEEL K.
RESPONDENT(S)/STATE:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
               KERALA, PIN - 682031

      2        VADAKARA POLICE STATION
               RAILWAY STATION RD, PUTHIYAPPU, VATAKARA,
               KERALA, KOZHIKODE, REPRESENTED BY THE STATION
               HOUSE OFFICER, PIN - 673101

                BY ADV. SRI.G SUDHEER, PP
          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2025, ALONG WITH BAIL APPL..2719/2025, 2722/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.2725 of 2025 & contd cases
                                       2


                                                        2025:KER:19269




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
                          BAIL APPL. NO. 2719 OF 2025
 CRIME NO.1354/2024 OF VADAKARA POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED NO.1:
               SHAKKEER @ SHAKKEER ANWARI
               AGED 40 YEARS, C/O SHAKKEER E., BAITHUL ABRAR
               HOUSE, VALIYA THAZHATH PARAMB, IRINGAL,
               KOZHIKODE, KERALA, PIN - 673521

               BY ADVS.
               HAMZATH ALI V.K.
               AYISHA AFRIN A.V.K.
               MUHAMMAD SHAMEEL K.
RESPONDENT(S)/STATE:

      1        VADAKARA POLICE STATION
               RAILWAY STATION RD, PUTHIYAPPU, VATAKARA,
               KERALA, KOZHIKODE, REPRESENTED BY THE STATION
               HOUSE OFFICER, PIN - 673101

      2        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
               KERALA, PIN - 682031

                BY ADV. SRI. NOUSHAD K.A., SENIOR PP


          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2025, ALONG WITH BAIL APPL..2725/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.2725 of 2025 & contd cases
                                       3


                                                        2025:KER:19269




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
                          BAIL APPL. NO. 2722 OF 2025
    CRIME NO.18/2025 OF PAYYOLI POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED NO.4:


               SHAKKEER @ SHAKKEER ANWARI
               AGED 40 YEARS, C/O SHAKKEER E., BAITHUL ABRAR
               HOUSE, VALIYA THAZHATH PARAMB, IRINGAL,
               KOZHIKODE, KERALA, PIN - 673521

               BY ADVS.
               HAMZATH ALI V.K.
               AYISHA AFRIN A.V.K.
               MUHAMMAD SHAMEEL K.
RESPONDENT(S)/STATE:

      1        PAYYOLI POLICE STATION
               PAYYOLI, KOZHIKODE, REPRESENTED BY THE STATION
               HOUSE OFFICER, PIN - 673522

      2        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
               KERALA, PIN - 682031

                BY ADV. SMT. SEETHA S, SENIOR PP


          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2025, ALONG WITH BAIL APPL..2725/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.2725 of 2025 & contd cases
                                       4


                                                        2025:KER:19269




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
                          BAIL APPL. NO. 2724 OF 2025
  CRIME NO.843/2024 OF CHAKKARAKKAL POLICE SATION, KANNUR
PETITIONER(S)/ACCUSED NO.4:

               SHAKKEER @ SHAKKEER ANWARI
               AGED 40 YEARS, C/O SHAKKEER E., BAITHUL ABRAR
               HOUSE, VALIYA THAZHATH PARAMB, IRINGAL,
               KOZHIKODE, KERALA, PIN - 673521

               BY ADVS.
               HAMZATH ALI V.K.
               AYISHA AFRIN A.V.K.
               MUHAMMAD SHAMEEL K.
RESPONDENT(S)/ACCUSED NO.4:

      1        CHAKKARAKKAL POLICE SATION
               MOWANCHERI, IRIVERI, KANNUR, KERALA, REPRESENTED
               BY THE STATION HOUSE OFFICER, PIN - 670613

      2        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
               KERALA, PIN - 682031

                BY ADV.
                SRI.G SUDHEER, PP


          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2025, ALONG WITH BAIL APPL..2725/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.2725 of 2025 & contd cases
                                       5


                                                        2025:KER:19269



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
                          BAIL APPL. NO. 2727 OF 2025
 CRIME NO.1354/2024 OF VADAKARA POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED NO.3:
               HARIS
               AGED 43 YEARS
               S/O AMMED, EDACHERIVEETIL HOUSE, KATAMERI P.O.,
               KOZHIKODE, KERALA, PIN - 673521

               BY ADVS.
               HAMZATH ALI V.K.
               AYISHA AFRIN A.V.K.
               MUHAMMAD SHAMEEL K.
RESPONDENT(S)/STATE:

      1        VADAKARA POLICE STATION
               RAILWAY STATION RD, PUTHIYAPPU, VATAKARA,
               KERALA, KOZHIKODE, REPRESENTED BY THE STATION
               HOUSE OFFICER, PIN - 673101

      2        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, PIN - 682031

                BY ADV.
                SRI.NOUSHAD K.A., SENIOR PP


          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2025, ALONG WITH BAIL APPL..2725/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.2725 of 2025 & contd cases
                                       6


                                                        2025:KER:19269




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
                          BAIL APPL. NO. 2735 OF 2025
   CRIME NO.78/2025 OF VADAKARA POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED NO.2:

               HARIS
               AGED 43 YEARS
               S/O AMMED, EDACHERIVEETIL HOUSE, KATAMERI P.O.,
               KOZHIKODE, KERALA, PIN - 673521

               BY ADVS.
               HAMZATH ALI V.K.
               AYISHA AFRIN A.V.K.
               MUHAMMAD SHAMEEL K.
RESPONDENT(S)/STATE:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
               KERALA, PIN - 682031

      2        VADAKARA POLICE STATION
               RAILWAY STATION RD, PUTHIYAPPU, VATAKARA,
               KERALA, KOZHIKODE, REPRESENTED BY THE STATION
               HOUSE OFFICER, PIN - 673101

                BY ADV.
                SRI.G SUDHEER, PP


          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2025, ALONG WITH BAIL APPL..2725/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.2725 of 2025 & contd cases
                                       7


                                                        2025:KER:19269



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
                          BAIL APPL. NO. 2736 OF 2025
    CRIME NO.18/2025 OF PAYYOLI POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED NO.3:

               HARIS
               AGED 43 YEARS
               S/O AMMED, EDACHERIVEETIL HOUSE, KATAMERI P.O.,
               KOZHIKODE, KERALA, PIN - 673521

               BY ADVS.
               HAMZATH ALI V.K.
               AYISHA AFRIN A.V.K.
               MUHAMMAD SHAMEEL K.
RESPONDENT(S)/STATE:

      1        PAYYOLI POLICE STATION
               PAYYOLI, KOZHIKODE, REPRESENTED BY THE STATION
               HOUSE OFFICER, PIN - 673522

      2        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
               KERALA, PIN - 682031


                BY ADV.
                SRI.G SUDHEER, PP


          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2025, ALONG WITH BAIL APPL..2725/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.2725 of 2025 & contd cases
                                             8


                                                                          2025:KER:19269



                           P.V.KUNHIKRISHNAN, J
                   ----------------------------------------------------
                      B.A.Nos.2725, 2719, 2722, 2724,
                         2727, 2735 & 2736 of 2025
                  -----------------------------------------------------
                  Dated this the 06th day of March, 2025


                                    ORDER

These Bail Applications filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These are

connected and therefore I am disposing of these bail

applications by a common order.

2. These bail applications are filed by one

Shakkeer @ Shakkeer Anwari and one Haris. Petitioners are

the accused in different crimes at Vadakara Police Station,

Payyoli Police Station and Chakkarakkal Police Station. The

above cases are registered against the petitioners alleging

offences punishable inter alia under Section 420 r/w 34 of the

Indian Penal Code.

3. The prosecution case in all these cases, in

brief, is that the petitioners and other accused agreed to

arrange the travel of the defacto complainants for the Hajj B.A.No.2725 of 2025 & contd cases

2025:KER:19269

pilgrimage 2024 and collected a huge amount. However, the

accused cheated the defacto complainants by not facilitating

the trip nor returning the amount. Hence it is alleged that the

accused committed the above said offences.

4. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor.

5. Counsel for the petitioner submitted that the

co-accused was already released on bail by this Court. The

counsel submitted that the petitioners and other accused are

trying to settle the matter and there is no cheating as alleged

by the prosecution. The counsel also submitted that the

petitioners are ready to co-operate with the investigation and

they are ready to abide any conditions if this Court grant them

bail.

6. The Public Prosecutor opposed the bail

application and submitted that the petitioners are involved in

several cases.

7. This Court considered the contentions of the

petitioners and the Public Prosecutor. It seems that the

allegation is that, after receiving the amount, the petitioners B.A.No.2725 of 2025 & contd cases

2025:KER:19269

and other accused were not able to take the defacto

complainants for Hajj pilgrimage. A perusal of the bail

application would show that the petitioners are trying to settle

all the issues. This Court granted bail to the co-accused

because of that reason. Considering the facts and

circumstances of the case and also considering the fact that

the co-accused was already released on bail, I think, these bail

applications can be allowed on stringent conditions.

8. 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.

9. Recently the Apex Court in Siddharth v.

State of Uttar Pradesh and Another [2021(5)KHC 353]

considered the point in detail. The relevant paragraph of the

above judgment is extracted hereunder. B.A.No.2725 of 2025 & contd cases

2025:KER:19269

"12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused."

10. In Manish Sisodia v. Central Bureau of

Investigation [2023 KHC 6961], the Apex Court observed

that even if the allegation is one of grave economic offence, it

is not a rule that bail should be denied in every case.

Considering the dictum laid down in the above decision

and considering the facts and circumstances of these cases,

these Bail Applications are allowed with the following B.A.No.2725 of 2025 & contd cases

2025:KER:19269

directions:

1. The petitioners shall appear before

the Investigating Officer within two weeks

from today and shall undergo interrogation.

2. After interrogation, if the

Investigating Officer propose to arrest the

petitioners, they shall be released on bail on

executing a bond for a sum of Rs.50,000/-

(Rupees Fifty Thousand only) each with two

solvent sureties each for the like sum to the

satisfaction of the arresting officer

concerned.

3. The petitioners shall appear before

the Investigating Officer for interrogation as

and when required. The petitioners 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

them from disclosing such facts to the Court B.A.No.2725 of 2025 & contd cases