Kerala High Court
Bail Appl./8619/2021 of MOIDEEN JASHID T.A. Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 8619 OF 2021 CRIME NO.466/2021 OF Bakel Police Station, Kasargod PETITIONER/8TH ACCUSED: MOIDEEN JASHID T.A. AGED 33 YEARS SON OF MUHAMMED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO. 8619 OF 2021CRIME NO.466/2021 OF Bakel Police Station, KasargodPETITIONER/8TH ACCUSED:
MOIDEEN JASHID T.A.AGED 33 YEARSSON OF MUHAMMED KUNHI, FATHIMA MANZIL, MAKKODE, KALANAD VILLAGEKASARGOD, PIN - 671317
BY ADV SHIBA M SAMUEL
RESPONDENT/COMPLAINANT:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALAERNAKULAM, PIN - 682031BY ADV SR PUBLIC PROSECUTOR SMT T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
-:2:-
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O R D E R
Dated this the 31[st] day of December, 2021
This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused No.8 in Crime No.466/2021 of Bakel Police Station. The offences alleged areunder Sections 420, 465, 468, 471, 409 r/w 34 of IPC.
3. The prosecution case in short is that the petitionerconspired, connived and colluded with the remaining accusedfrom 22/10/2020 to 7/6/2021 with intend to cheat and makeunlawful gains and pledged various types of spurious goldornaments in 55 loan transactions and availed gold loan of`2,71,36,000/- with Indian Overseas Bank, Uduma Branch andcheated the bank.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falselyimplicated in the present case. He further submitted that there BA No.8619/2021
are no materials to connect the petitioner with the alleged crimeand hence he is entitled to get bail. The learned Public Prosecutoropposed the bail application. She contended that the allegedincident occurred as a part of the intentional criminal acts of thepetitioner and if the petitioner is released on bail at this stage, itwould affect the course of investigation.
6. Perusal of the case diary would reveal that prima faciethere are materials on record to connect the petitioner with thecrime. However, the petitioner was remanded to judicial custodyon 16/10/2021. In view of the nature of the crime and the stageof investigation, I do not find any reason to hold that thecontinued detention of the petitioner is required for any purpose.The investigation seems to have reached a fair stage. For allthese reasons, the petitioner is entitled to be released on bail onconditions.
Perusal of the case diary would reveal that prima facie In the result, the application is allowed on the followingconditions:-
(i) The petitioner shall be released on bail on executing abond for `1,00,000/- (Rupees One lakh only) with two solventsureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with theinvestigation.
(iii) The petitioner shall appear before the investigatingofficer between 10.00 a.m and 11.00 a.m on every Saturday untilfurther orders. The petitioner shall also appear before theinvestigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of likenature while on bail.
(v) The petitioner shall not make any attempt to contactany of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with the evidence orinfluence any witnesses or other persons related to theinvestigation.
(vi) The petitioner shall not leave State of Kerala withoutthe permission of the trial Court.
Rp
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE