Mujeeb P.P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 Bail Appl..No. 7349 of 2015 () ------------------------------- CRIME NO. 912/2015 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT --------------- PETITIONER/ACCUSED :

--------------------------------- MUJEEB P.P., S/O.MUHAMMED, PUTHUPARAMBIL HOUSE, KUTTIPPURAM PERASSANOOR P. O., MALAPPURAM DISTRICT BY ADV. SRI.KISHOR B.

RESPONDENTS/COMPLAINANT :

-------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VALANCHERI POLICE STATION, MALAPPURAM DISTRICT REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7349 of 2015 -------------------------------------------- Dated this the 27th day of November 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the accused in Crime No.912 of 2015 of Valancheri Police station registered for the offences punishable under Secs.468 and 420 of the Indian Penal Code. Prosecution case is that the defacto complainant entrusted Rs.3 lakhs to the accused for getting a job Visa abroad.

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

4. Learned counsel for the petitioner submitted that the petitioner is falsely implicated in this case. Further, a complaint under Sec.138 of the Negotiable Instrument Act is pending against the petitioner filed at the instance of the defacto complainant.

5. Learned Public Prosecutor opposed the bail application. It is contended that if the petitioner is granted pre arrest bail, there is every chance of his

Bail Appl. No.7349 of 2015 2 fleeing from this country.

Considering the nature of allegations, pre arrest bail is granted to the petitioner with the following conditions.

1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.

2. In the event of arrest, the petitioner shall be released 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 investigating officer.

3. The petitioner shall surrender his passport forthwith before the learned Magistrate having jurisdiction.

4. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

Bail Appl. No.7349 of 2015 3

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

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/27/11/2015 P.A. To Judge