M.M.Saleem vs. State Of Kerala

Bail Appl./9288/2023HC KeralaGSTCNR KLHC01077266202302 February 2024Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN10 pages

AI SummaryAllowed

Held

The High Court granted anticipatory bail to the petitioner, noting his implication was primarily based on the 1st accused's statement and no other material evidence was produced at this stage. The Court emphasized that bail is the rule and jail is the exception, imposing stringent conditions including cooperation with the investigation.

Facts

The State Tax Officer seized arecanut from a warehouse for unremitted tax. The 1st accused subsequently moved the seized goods without permission, leading to a criminal breach of trust charge under IPC Section 406. The petitioner, implicated as the 2nd accused based on the 1st accused's confession statement, sought anticipatory bail.

Key Issues

Whether the petitioner, implicated as the second accused in a criminal breach of trust case originating from a GST department complaint, should be granted anticipatory bail under Section 438 Cr.P.C. when the implication is based on a co-accused's statement.

Sections Cited

Section 438 Cr.P.C., Section 406 IPC

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 BAIL APPL. NO. 9288 OF 2023 CRIME NO.511/2022 OF Cheruthuruthy Police Station, Thrissur PETITIONER(S)/APPLICANT: M.M.SALEEM, AGED 58 YEARS S/O MOHAMMED, MANATTIL VEEDU, CHALISSERY VILLAGE, MUKKUTTA DESOM, THRISSUR, PIN - 680585 BY ADVS. MANSOOR.B.H. SAKEENA BEEGUM P.VIJAYA BHANU (SR.) RESPONDENT(S)/COMPLAINANT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER, CHERUTHURUTHY POLICE STATION, THRISSUR DISTRICT, PIN - 679121 3 THE STATE TAX OFFICER, GST DEPARTMENT, THRISSUR (SUO MOTU IMPLEADED AS ADDL.R3 AS PER ORDER DTD 5/12/23) BY ADV. SRI.B.S. SYAMANTAK, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO.9288 OF 2023 2 P.V.KUNHIKRISHNAN, J. ------------------------------ Bail Appl. No.9288 of 2023 ---------------------------------------------- Dated this the 02nd day of February, 2024

This Bail Application is filed under Section 438 of Crim

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.