Hameed v. Station Houe Officer, Kaleptta

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 Bail Appl..No. 2683 of 2015 --------------------------------------- CRIME NO. 933/2015 OF KALPETTA POLICE STATION , WAYANAD -------------------- PETITIONER(S)/ACCUSED 4:

---------------------------------------- HAMEED, AGED 47 YEARS, S/O.MOOSA, KUNIGARATH HOUSE, KANBALAKKAD P.O, KANIYAMBETTA VILLAGE, WAYANAD DISTRICT.

BY ADVS.SRI.SAJEEVAN KURUKKUTTIYULLATHIL SMT.SARITHA THOMAS RESPONDENT(S):

------------------------- THE STATION HOUE OFFICER, KALPETTA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

==================== B.A.No. 2683 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner along with accused 1 to 3 is accused of having committed the offences under Sections 120(B), 109, 420, 423 and 427 IPC. Accused 1 to 3 were subscribers of chitty conducted by the first informant. To secure the prize amount of Rs.56,00,000/- the mortgaged immovable property. Thereafter, they sold the property to the petitioner, who is the fourth accused.

3.

Heard.

4.

There is no law prohibiting sale of a mortgaged property. It appears that no offence is made out against the petitioner.

In the result, this application is allowed.

1)The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

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