Sharafudheen v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 2126 of 2015 () ------------------------------- CRIME NO. 1941/2013 OF MATHILAKAM POLICE STATION,THRISSUR DISTRICT ----------------- PETITIONER(S)/ACCUSED 2 AND 3 :

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1. SHARAFUDHEEN, AGED 43 YEARS, S/O.ABDUL KAREEM, KALLUNGAL HOUSE, PULLOT VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT.

2. ABDUL SAMAD, AGED 39 YEARS, S/O.ABDUL KAREEM, KALLUNGAL HOUSE, PULLOT VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT.

BY ADV. SRI.C.R.SANISH RESPONDENT :

---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN -682 031 REPRESENTED BY THE (SUB INSPECTOR OF POLICE MATHILAKAM POLICE STATION, THRISSUR DISTRICT) BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, ALONG WITH BA.NO. 2326 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.Nos. 2126 & 2326 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015 C O M M O N O R D E R Petition filed under Section 438 Cr.P.C.

2.

Petitioners are alleged to have committed the offences under Sections 406, 417, 420, 468 and 34 IPC. The prosecution case is that he was the Managing Partner of the Fancy Chemicals and Fragrance Pvt. Ltd. According to the prosecution, he and the other accused made false promises to give the petitioner a high amount as dividend and received from him Rs.6,00,000/-. Certain documents were also taken from him on the basis of the false representations made by them.

3.

Heard.

4.

In all other connected cases, final report has already been filed. It appears that detention of the petitioners is not necessary for effective investigation.

In the result, these applications are allowed. 1)The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each

B.A.No. 2126 & 2326 of 2015 ::2::

with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case. 2)The petitioners shall surrender their passports before the lower concerned or if they do not have one, they shall file affidavits to that effect within five days of their release. 3)They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be. 4)They shall appear before the Investigating Officer between 10 a.m. and 11 a.m. on second and fourth Saturday of this month.

5)They shall not intimidate or attempt to influence the witnesses.

6)They shall not destroy or tamper with evidence. 7)They shall not get themselves involved in any other criminal case while they are on bail.

If the petitioners surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge