Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Thoufeeq vs State of Kerala

Thoufeeq vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Dec 21, 2021
~5 min read
https://sooperkanoon.com/case/1696450

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./8500/2021

Parties & Advocates

Appellant / Petitioner

Thoufeeq

Respondent

State of Kerala

Excerpt

.....are accused nos.1 and 2 in crime no.1087 of 2021 of tirur police station. the offences alleged are under section 420 read with section 34 of the i.p.c.3. the allegations are that accused nos.1 and 2, whoare the petitioners, persuaded the de facto complainant to make a deposit of rs.6,30,000/- for availing a franchisee of the q-net company and the de facto complainant believing the words of the petitioners that they will secure the franchisee, transferred the amount to the account given by the petitioners saying the same to be that of the company.the franchisee was never provided to the de facto complainant. the petitioners misappropriated the amount and thereby cheated the de facto complainant.4. heard the learned counsel for the petitioners and the learned public prosecutor.5. the learned public prosecutor has placed on record the report of the sub inspector of police, tirur police station.6. the learned counsel for the petitioners wouldcontend that it was the de facto complainant, who was instrumental in the petitioners' joiningin the q-net company and that fact is evident from annexure-g. the money was paid to the account of the company and the petitioners have no role in providing or arranging for the franchisee of the company. the de facto complainant and the petitioners are relatives and when the franchisee was not given to the de facto complainant by the company on time, he has come forward with the present complaint with a view to pressurize the petitioners to give the money back. thus the learned counsel would submit that the petitioners are innocent and they are entitled to get anticipatory bail.7. the learned public prosecutor would contend that this is not a solitary instance where the petitioners collectedmoney giving false assurance of providing franchisee of the q- net company. the petitioners collected money from the de facto complainant's sister and brother-in-law. they in the similar way collected money from two other persons,.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 21ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943 BAIL APPL. NO. 8500 OF 2021 CRIME NO.1087 OF 2021 OF TIRUR POLICE STATION, MALAPPURAM PETITIONERS:

1 THOUFEEQ, AGED 34 YEARS, S/O. MUHAMMAD ALI, CHERECHAN VEETTIL, K.PURAM P.O., MALAPPURAM DISTRICT-676307. 2 MOHAMMED FASIL, AGED 32 YEARS, S/O. MUHAMMAD ALI, CHERECHAN VEETTIL, K.PURAM P.O., MALAPPURAM DISTRICT-676307. BY ADVS. P.VIJAYA BHANU (SR.) P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI MITHA SUDHINDRAN POOJA PANKAJ SRUTHY N. BHAT RAHUL SUNIL

RESPONDENTS: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. SMT C.SEENA-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR FINAL HEARING ON 17.12.2021, THE COURT ON 21.12.2021 DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J.

----------------------------------------------------------- B.A.No. 8500 of 2021 ----------------------------------------------------------- Dated this the 21st day of December, 2021

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 and 2 in Crime No.1087 of 2021 of Tirur Police Station. The offences alleged are under Section 420 read with Section 34 of the I.P.C.

3. The allegations are that accused Nos.1 and 2, who

are the petitioners, persuaded the de facto complainant to make a deposit of Rs.6,30,000/- for availing a franchisee of the Q-Net company and the de facto complainant believing the words of the petitioners that they will secure the franchisee, transferred the amount to the account given by the petitioners saying the same to be that of the company.

The franchisee was never provided to the de facto complainant. The petitioners misappropriated the amount and thereby cheated the de facto complainant.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

5. The learned Public Prosecutor has placed on record the report of the Sub Inspector of Police, Tirur Police Station.

6. The learned counsel for the petitioners would

contend that it was the de facto complainant, who was instrumental in the petitioners' joiningin the Q-Net company and that fact is evident from Annexure-G. The money was paid to the account of the company and the petitioners have no role in providing or arranging for the franchisee of the company. The de facto complainant and the petitioners are relatives and when the franchisee was not given to the de facto complainant by the company on time, he has come forward with the present complaint with a view to pressurize the petitioners to give the money back. Thus the learned counsel would submit that the petitioners are innocent and they are entitled to get anticipatory bail.

7. The learned Public Prosecutor would contend that this is not a solitary instance where the petitioners collected

money giving false assurance of providing franchisee of the Q- Net company. The petitioners collected money from the de facto complainant's sister and brother-in-law. They in the similar way collected money from two other persons, namely, Abdul Latheef T.P. and Safiya regarding which separate complaints against the petitioners are also lodged. It is

therefore contended that custodial interrogation of the petitioners is absolutely necessary and their release on bail will adversely affect the investigation.

8. Q-Net company is doing multilevel marketing

business. Annexure-C is a copy of the brochure of the company. Though its business methodology is presented in an attractive manner, a cursory reading reveals the hidden risk and the possibilities of persons involving in its web, losing their money. Here, the allegation is not against the company, but against the petitioners, who allegedly received money from the de facto complainant in a deceptive way, by making using of the attractive profit generating scheme of Q-Net

company. Admittedly, the petitioners and the de facto

complainant are relatives. From the report of the investigating officer, it is seen that the money was transferred to an account maintained in Karnataka Grameen Bank, Modakkara Branch. But it is not ascertained to whom the money was paid and who had appropriated the money. When there are allegations that money was extracted from many other persons also in a similar way and these petitioners were responsible for such payments, serious investigation into the matter is very much required. Unless sufficient materials are collected, it cannot be said whether or not the petitioners with a deceptive or fraudulent intention caused the de facto complainant and others to part with money and also whether it was the petitioners who had appropriated such money. In this said circumstances, it is too premature to order pre-arrest bail in favour of the petitioners, I am of the view that at this stage the petitioners cannot be directed to release on bail. Therefore, the bail application is liable to be dismissed and the same is dismissed.

9. In the above circumstances, the bail application is

dismissed, with a direction to the petitioners to surrender before the investigating officer within two weeks from today. In the event of their surrendering before the investigating officer, after interrogation and recovery, if any, they shall be produced before the jurisdictional Magistrate within the period stipulated under Section 57 of the Cr.P.C. On production, the learned Magistrate shall consider the bail application, if any, is filed, as expeditiously as possible, preferably on the same day itself.

Sd/- P.G. AJITHKUMAR, JUDGE dkr

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial