Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 BAIL APPL. NO. 2871 OF 2023 (CRIME NO.1010 OF 2022 OF THE VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT) PETITIONERS/ACCUSED 1 TO 3: 1 USMAN B AGED 38 YEARS S/O.BADHARUDHEEN AYSHA MANZIL, PRADHANI, VADAKKENCHERRY P.O, PALAKKAD, PIN - 678683 2 ABDUL KHADER AGED 66 YEARS S/O.SIDDIQUE, PEEDIKVEETTIL, PRADHANI, VADAKKENCHERRY P.O, PALAKKAD, PIN - 678683 3 HASSANAR K.S AGED 54 YEARS S/O.SAIDU MUHAMMED, KARIKKA HOUSE,VADAKKENCHERRY PALAKKAD, PIN - 678683 BY ADV K.M.AMINABEEVI RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR Smt Seetha S, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
------------------------------- B.A.No. 2871 of 2023 -------------------------------------------------------- Dated this the 25th day of April, 2023
ORDER
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. The petitioners are accused Nos.1 to 3 in crime No.1010 of 2022 of Vadakkanchery Police Station. The offences alleged are under Sections 468, 471 and 420 r/w 34 of the Indian Penal Code, 1860.
3. The prosecution case is that the 1 st petitioner who
was the Treasurer of Pradhani Muhiyudheen Shafi Jama-ath in connivance with petitioner Nos.2 and 3, who are the members of the said Jama-ath Committee forged minute books and seal of the committee with a view to withdraw money from the Vadakkanchery branch of Indian bank without the knowledge of the President of the Jama-ath Committee. The petitioners thereby converted the bank account into a joint account and withdrew Rs.95,000/- from them.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned counsel for the petitioners would
submit that a new Jama-ath Committee was elected on 12.03.2020 and in consequence thereof, the account was converted into a joint account. The petitioners did not commit any offence. A criminal case was registered against the defacto complainant and his henchmen. Regarding the incident of their attacking the Imam and worshippers of the Jama-ath. In order to wreck vengeance on that, the present case was foisted. It is also their contention that considering the nature of the offences alleged against him, their custodial interrogation is absolutely unnecessary.
6. The learned Public Prosecutor, on the other hand,
would contend that the petitioners have actively involved in the commission of the offence and as such, their release on bail at this stage will adversely affect the investigation in the case. Therefore, the application is sought to be dismissed.
7. The nature of the allegations levelled against the
petitioners is such that the objectionable acts are certainly be borne by records. Therefore their custodial interrogation is appeared unnecessary. Considering the whole circumstances and the materials on record, I am of the view that the petitioners can be granted anticipatory bail on strict conditions.
8. In such circumstances, this bail application is
allowed and the petitioners are directed to surrender before the investigating officer within two weeks. After interrogation and in the event of them being arrested, each of them shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) They shall appear before the Investigating Officer on every Tuesday and Friday for a period of three months or till the final report is filed, whichever is earlier;
(ii) They shall not leave the State without prior permission of the jurisdictional Magistrate until further orders;
(iii) They shall surrender their passports before the investigating officer, and in case they do not have passports, they shall file affidavits to that effect;
(iv) They shall not influence or intimidate witnesses or tamper with evidence; and
(v) During the bail period, they shall not get
involved in any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR, JUDGE PV