Sabu Basheer vs. State Of Kerala
Held
The Court granted anticipatory bail to the petitioners, noting the Public Prosecutor's submission that no further custodial interrogation was necessary. Applying the principle that bail is the rule, the Court directed the petitioners to appear before the Investigating Officer and be released on bail upon executing a bond with sureties, subject to stringent conditions.
Facts
The petitioners are accused in two crimes (127/2025 and 128/2025) of cheating the defacto complainant. They allegedly assured delivery of household items and handling of GST matters, then created fake bills totaling over Rs. 1 crore in the name of the complainant's company with intent to defraud.
Key Issues
The key legal issue was whether the petitioners were entitled to anticipatory bail under Section 482 of BNSS, considering the allegations of cheating involving fake GST bills and the investigating officer's stance on the necessity of custodial interrogation.
Sections Cited
Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
AI-generated summary — verify with the full judgment below
BAIL APPL.Nos.2634,2577, 2579 OF 2025 1 2025:KER:27187 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 BAIL APPL. NO. 2577 OF 2025 CRIME NO.127/2025 OF Atholy Police Station, Kozhikode PETITIONER/S: 1 SHAMEER SALAHUDHEEN AGED 32 YEARS S/O SALAHUDHEEN, SHAMEER MANZIL, VENCHEMP, PUNALUR, KOLLAM, PIN - 691333 2 MISHAJUDHEEN AGED 38 YEARS S/O MAARI SAAHIB, KAIRALI NAGAR, AYATHIL, KOLLAM CITY, PIN - 691021 BY ADVS. AMAL PARTHASARADHY GIBI.C.GEORGE RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 NISA AGED 45 YEARS D/O MOOSAKOYA, THAZHEPEEDIKAVEETTIL OLIVU, KONAGANNUR, ATHOLI P.O, KOZHIKODE, PIN - 673315
BAIL APPL.Nos.2634,2577, 2579 OF 2025 2 2025:KER:27187 BY ADVS. MUHAMMED SHAFI .M T.RASINI(K/000090/2017) ADHEELA NOWRIN(K/000855/2020) RAMEESA RASHEED(K/004484/2024) OTHER PRESENT: sri.noushad.k.a, sr.pp THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH Bail Appl..2579/2025, 2634/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.Nos.2634,2577, 2579 OF 2025 3 20
The judgment continues below.
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