Jabir v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 7001 of 2015 ------------------------------------- CRIME NO. 344/2015 OF KAMBALAKKAD POLICE STATION, WAYANAD ------------------- PETITIONER/ACCUSED NO.1:

------------------------------------------ JABIR, AGED 31 YEARS, S/O. AHAMMEDKUTTY, KAVUNGAL HOUSE, NEELESWARAM, MUKKAM, KOZHIKODE DISTRICT.

BY ADVS.SRI.C.K.SREEJITH SRI.C.V.JITHESH RESPONDENT/COMPLAINANT:

------------------------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, KAMBALAKKAD POLICE STATION, WAYANAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.7001 of 2015 -------------------------------------------- Dated this the 13th day of November 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.344 of 2015 of Kamblakkad Police station registered for the offence punishable under Sec.420 of the Indian Penal Code. Prosecution case in brief is that, the petitioner along with the other accused cheated the defacto complainant and others by receiving money and passports on the promise that they would arrange Hujj Volunteer Visa for them. The petitioner is in custody for a long time.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations and his further detention is not necessary.

5. Learned Public Prosecutor opposed the bail application contending that the petitioner is involved in

Bail Appl. No.7001 of 2015 2 other crimes.

Considering the nature of allegations, bail is granted to the petitioner with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

iv. The petitioner shall appear before the Investigating Officer for interrogation on all Tuesdays between 10.00 a.m. and

Bail Appl. No.7001 of 2015 3 11.00 a.m. until final report is filed.

v. The petitioner shall surrender his passport before the lower court concerned or if he do not have the same, file an affidavit to that effect.

vi. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vii. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/13/11/2015 P.A. To Judge