Abdul Ameer S/O. Mohammed v. CBI, Kochi, Represented By Its Spl. Public Prosecutor

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 Bail Appl..No. 4556 of 2015 () ------------------------------- RC. NO. 16(A)/2015-CBI/ACB/COCHIN --------------- PETITIONER/ACCUSED NO.2 (ACCUSED IN CUSTODY) : --------------------------------------------------------------------------------- ABDUL AMEER AGED 40 YEARS, S/O.MOHAMMED, THANDUTHULAN HOUSE, HAJIYAR PALLI PARAPPANANGADI ROAD, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.J.MOHAMMED ANZAR SRI.DILEEP D. BHAT RESPONDENT/COMPLAINANT :

----------------------------------------------- CENTRAL BUREAU OF INVESTIGATION KOCHI, REP. BY SUPERINTENDENT OF POLICE, CBI KATHRIKADAVU, COCHIN-682 017.

BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

---------------------------- B.A. No.4556 of 2015 -------------------------------------------- Dated this the 7th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is the 2nd accused in R.C. No.16(A)/ 2015-CBI/ACB/Cochin registered for the offences under Sec.120B of the Indian Penal Code and Secs.7, 12 and 13

(2) read with Sec.13(1)(d) of the Prevention of Corruption Act. The petitioner is the 2nd accused. The first accused was Regional Transport Officer, Malappuram. The petitioner was residing with him as his domestic hand. The prosecution case is that they collected huge amounts from several persons who had filed applications for getting new passports in their new addresses.

3. Heard both sides.

4. Learned counsel submits that the petitioner was only a domestic servant, he has been in custody since 21.07.2015 and he may be granted bail.

5. On the other hand, according to the CBI, since the victims are several, it may take time to

B.A. No.4556 of 2015 2 complete the investigation and if the petitioner is granted bail at this stage, there is every chance of his influencing the witnesses.

6. It appears that there is much weight in the submission of the learned counsel for the CBI. It is not proper to release the petitioner on bail at this stage. In the result, the bail application is dismissed. Learned counsel submits that the petitioner may be given permission to file application before the lower court. There is no legal impediment for it. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge