Kerala High Court

Bail Appl./9275/2019 of P.T.HAIDAR Vs STATE OF KERALA on 31 December 2019

Cites 0, Cited by 0

COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9275 OF 2019 CRIME NO.986/2019 OF Tirur Police Station , Malappuram PETITIONER/S: 1 P.T.HAIDAR AGED 55 YEARS S/O. P.T.MUHAMMED, PALLIPATTUTHUMBAN

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941

Bail Appl..No.9275 OF 2019

CRIME NO.986/2019 OF Tirur Police Station , Malappuram PETITIONER/S:

1P.T.HAIDARAGED 55 YEARSS/O. P.T.MUHAMMED, PALLIPATTUTHUMBAN HOUSE, PARAPOOTHATUM, CHERIYAMUNDAM P.O., TIRUR TALUK

2C.K.HAIDAR,AGED 50 YEARS

S/O. MUHAMMED, CHOLAKUDUNDIL HOUSE, PARAPOOTHATUM, CHERIYAMUNDAM P.O., TIRUR TALUK

3HIDAYATHULA,AGED 41 YEARSS/O. MOIDEENKUTTY HAJI, CHOLAKUDUNDIL HOUSE, PARAPOOTHATUM, CHERIYAMUNDAM P.O., TIRUR TALUK

BY ADVS.SRI.P.M.RAFIQSRI.V.C.SARATHSRI.M.REVIKRISHNANSRI.VIPIN NARAYAN

RESPONDENT/S:

1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

*2ABDUL KHADERAGED 50 YEARS, S/O. AHAMMEDKUTTY HAJI, YARATHINGAL (H), PARAPOOTHADAM P.O, TIRUR, MALAPPURAM

*ADDL R2 IS IMPLEADED AS PER ORDER DATAED 31.12.2019 IN CRL.MA 2/19 IN B.A NO.9275/19

R2 BY ADV. L.RAJESH NARAYAN

SMT.SREEJA.V., PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

O R D E R

Dated this the 31st day of December 2019

The petitioners are accused in Crime No.986 of 2019 of Tirur Police Station for having allegedly committed offencespunishable under Section 420, 464, 465, 468 and 471 read withSection 34 of the IPC. The prosecution case as against thepetitioners in brief is that they had with dishonest intention tocheat the de facto complainant and others of the MahalCommittee, forged certain documents relating to the MahalCommittee with intend to cause damage injury to the publicand the members of the Committee. It is pointed out that thereis a drift between the certain members of the MahalCommittee. There is a civil dispute pending and rival factionsare contesting against each other. The de facto complainantallegedly belongs to the rival party. His specific allegation isthat the petitioners did not have authority and power to issue certain certificates, issued on behalf of the Mahal Committee.And hence, it results in forgery. It is for the trial court todecide whether the offence of forgery or whether thepetitioners had authority to issue such certificates at thatpoint in time based on the evidence that may be adduced.There are no other criminal antecedents against thepetitioners which would prevent them from being released onbail. Hence I find that they are entitled to a pre-arrest bail.The de facto complainant got himself impleaded and thecounsel appearing for the de facto complainant was also heard.in the result, the petition is allowed and in the event ofthe petitioner is being arrested they shall be released on bailon execution of bond of Rs.50,000/- (Rupees Fifty thousandonly) with two solvent sureties each for like amount for thesatisfaction of the investigating officer. They shall notinterfere with the affairs of the mosque without permission ofthe forum before which the matters are pending. They shall also not intimidate or influence witnesses. They shall appearbefore the investigating officer as and when called for andcooperate with the investigation.

JS

Sd/-

ASHOK MENON

JUDGE

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead