Kerala High Court
Bail Appl./9350/2019 of A.K.MUHAMMED Vs THE STATE OF KERALA on 31 December 2019
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.9350 OF 2019 CRIME NO.842/2018 OF Neyyardam Police Station , Thiruvananthapuram PETITIONER/1ST ACCUSED: A.K.MUHAMMED, AGED 61 YEARS, S/O. ABU,
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.9350 OF 2019
CRIME NO.842/2018 OF Neyyardam Police Station , Thiruvananthapuram PETITIONER/1ST ACCUSED:
A.K.MUHAMMED,AGED 61 YEARS,S/O. ABU, MADATHUMKIZHI, NAIKETTI P.O, SULTHAN BATHERY, WAYANAD DISTRICT-673 592
BY ADVS.SRI.SUNIL V.MOHAMMEDSMT.AJITHA APPU
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1THE STATE OF KERALAREP. BY THE SUB INSPECTOR OF POLICE, NEYYAR DAM POLICE STATION, THIRUVANANTHAPURAM RURAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2ABDUL AZEES,S/O. ABUBAKKER KUNJU, CHEMMANNAM KUZHI VEEDU, AS MANZIL, KALLODU, KUTTICHAL, NEYYAR DAM, THIRUVANANTHAPURAM DISTRICT-695 572
SRI.T.R.RANJITH, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 31st day of December 2019
The petitioner is the 1[st] accused in crime No.842 of 2018 ofNeyyar Dam Police Station for having allegedly committed offencespunishable under Sections 418 and 420 read with Section 34 of theIPC, with his son, who is the 2[nd] accused.
2. The allegation in brief is that the 2[nd] accused who isemployed abroad made the defacto complainant believe that he willbe included in the partnership business proposed by him and hadobtained Rs.5 lakhs on various occasions between 01.09.2015 and30.09.2015, which was deposited by the defacto complainant in thebank account of the petitioner/1[st] accused, and thereafter the 2[nd]accused did not make him the partner in the business as promisedand thereby cheated the defacto complainant. The petitioner wasnot arrested so far. It is pointed out that his son is still abroad.Documents have been produced by the petitioner showing that he isa patient undergoing dialysis. He is willing to co-operate with theinvestigation and has no criminal antecedents. Under thecircumstances, the petitioner is entitled for a pre-arrest bail.
In the event of the petitioner being arrested, he shall be Bail Appl..No.9350 OF 2019 3
released on bail on execution of bond for Rs.1,00,000/- (Rupees onelakh only) with two solvent sureties each for like amount to thesatisfaction of the Investigating officer. He shall appear before theInvestigating Officer as and when called for on receipt of notice. Heshall not attempt to intimidate or influence witnesses. He shallsurrender his passport and shall travel abroad only with thepermission of the jurisdictional Magistrate. The breach of any of theconditions shall entail in cancellation of the bail by the jurisdictionalMagistrate.
sru
Sd/-
ASHOK MENONJUDGE