Full Judgment
BA Nos.2926 & 2927/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 Bail Appl..No.2926 OF 2021 CRIME NO.132/2021 OF Mannarkkad Police Station , Palakkad PETITIONER/ACCUSED: UMMER FAROOQ AGED 29 YEARS THONIYIL VEEDU, PULLASSERY, MANNARKKAD PALAKKAD BY ADV. SHRI.T.K.SANDEEP RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY PUBLIC PROSECUTOR SRI.M.R.DHANIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2021, ALONG WITH Bail Appl..2927/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BA Nos.2926 & 2927/2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 Bail Appl..No.2927 OF 2021 CRIME NO.132/2021 OF Mannarkkad Police Station , Palakkad PETITIONER/ACCUSED: MUJEEB RAHMAN AGED 36 YEARS AMBADATH VEEDU, TACHANPARA P.O, MANNARKKAD PALAKKAD BY ADV. SHRI.T.K.SANDEEP RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY PUBLIC PROSECUTOR SMT.SREEJA V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2021, ALONG WITH Bail Appl..2926/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BA Nos.2926 & 2927/2021 3
ORDER
[ Bail Appl.2926/2021, Bail Appl.2927/2021 ] Dated this the 30th day of April 2021 Both these applications are filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioner in B.A.No.2926/2021 is the accused No.1 and
the petitioner in B.A No.2927/2021 is the accused No.2 in Crime No.132/2021 of Mannarkkad Police Station. The offences alleged are under Sections 406 and 420 r/w 34 of IPC.
3. The prosecution case in short is that during the period
between 01/02/2021 and 8/3/2021, the petitioners pledged spurious gold ornaments weighing 323 grams with Valluvanad Nidhi Ltd., Mannarkkad and received loan of `11,63,900/- representing that the gold pledged are pure gold and thereby cheated the bank.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioners submitted that the
petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the BA Nos.2926 & 2927/2021 4 bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if they are released on bail at this stage, it would affect the course of investigation.
6. Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioners with the crime. However, the petitioners were remanded to judicial custody on investigation, I do not find any reason to hold that the continued
detention of the petitioners is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioners are entitled to be released on bail on conditions. In the result, the applications are allowed on the following conditions:-
(i) The petitioners shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioners shall fully co-operate with the investigation.
(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating BA Nos.2926 & 2927/2021 5 officer as and when required by him.
(iv) The petitioners shall not commit any offence of like nature while on bail.
(v) The petitioners shall not make any attempt to contact any
of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH Rp True Copy JUDGE PS to Judge