Kerala High Court
Bail Appl./8887/2017 of AMEER Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Bail Appl..No. 8887 of 2017 () ------------------------------- CRIME NO. 1086/2017 OF CHAVAKKAD POLICE STATION , THRISSUR DISTRICT ---------------------
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Bail Appl..No. 8887 of 2017 ()
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CRIME NO. 1086/2017 OF CHAVAKKAD POLICE STATION , THRISSUR DISTRICT
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PETITIONER/2ND ACCUSED:
------------------------------------------------- AMEER, AGED 33 YEARS, S/O.AHAMAD, RESIDING AT
CHENNENGATTU VEEDU, PARAPOOR POST, KOTTAKKAL, MALAPPURAM DISTRICT.
BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
--------------------------------------------------------------------------------
1.
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2.
HAFSATH,
AGED 49 YEARS, W/O.KUNJIMUHAMMED,
RESIDING AT PANDARATHIL HOUSE, CHAVAKKAD, GURUVAYUR, THRISSUR RURAL, THRISSUR DISTRICT, PIN-680506.
R1 BY PUBLIC PROSECUTOR SMT.K.K. SHEEBA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sdr/-
R.NARAYANA PISHARADI, J===================
B.A. No.8887 of 2017
=======================Dated this the 29[th] day of December, 2017
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ORDER
This is an application for anticipatory bail filedunder Section 438 Cr.P.C.
2. The petitioner is the second accused in the case registered as Crime No.1086/2017 of theChavakkad Police Station under Sections 420 and 406read with Section 34 of the Indian Penal Code. Theprosecution case is that on 11.11.2012, the first accusedtook the car bearing registration No.KL-55 P-2112 fromthe possession of the defacto complainant on the promisethat he would arrange to sell it for an amount of`4,50,000/- and that the second accused executed anagreement with the defacto complainant on 05.04.2017stating that he would buy the car for an amount of`4,20,000/- but he did not buy the car or return the car tothe defacto complainant. It is also alleged that he did not return the money to her.
3. Heard the learned counsel for the petitioner andthe learned Public Prosecutor.
4. On a perusal of the agreement executedbetween the petitioner and the defacto complainant on05.04.2017, it is seen that the petitioner took possessionof the vehicle agreeing that he would buy it for an amountof `4,20,000/- and that he would remit the loan arrears inthe bank and that he would give the balance amount tothe defacto complainant on 15.05.2017. The allegationagainst the petitioner is that he did not comply with theterms of the agreement. The case against the petitionerappears to be essentially a civil dispute between theparties. At any rate, custodial interrogation of thepetitioner appears to be not necessary to have aneffective investigation in the case. The prosecution hasalso no case that the petitioner would abscond or fleefrom justice on getting bail. Considering these aspects, I
3
find that the discretion of this Court can be exercised infavour of the petitioner to grant him pre-arrest bail.
5. In the result, the petition is allowed and it isordered as follows:
1) The petitioner shall be released on bail onexecuting a bond for `50,000/- with two suretieseach for the like amount in the event of his arrest bythe police in Crime No. 1086/2017 of the ChavakkadPolice Station.
2) The petitioner shall appear before theinvestigating officer between 9 a.m and 11 a.m on allSaturdays for a period of two months from the date ofhis release on bail.
3) The petitioner shall produce his passport in the Magistrate's Court concerned within three daysfrom the date of his release on bail. If he has nopassport, he shall file an affidavit to that effect in theMagistrate's Court concerned within that period.
Conclusion
4) The petitioner shall not influence orintimidate the prosecution witnesses. He shall notmake any attempt to tamper with the evidence in thecase.
5) The petitioner shall not leave the State ofKerala without the prior permission of the Court vgd having jurisdiction over the case.
6) The petitioner shall appear before theinvestigating officer as and when directed in writingto do so.
(sd/-) R.NARAYANA PISHARADI JUDGE
True Copy
PA to Judge