Muhammed Nasmal K Nisharudeen vs. State Of Kerala
Held
The Court found that the allegations of forging a bill and showing a higher value for machinery purchase were serious, making it an unfit case for anticipatory bail. Granting bail would adversely affect proper investigation. The Court directed the petitioner to surrender before the Investigating Officer within ten days, after which the Magistrate should consider any bail application on its merits.
Facts
The petitioner, a business partner, sought anticipatory bail after being accused of cheating and forgery. He allegedly misappropriated Rs. 35.99 lakhs by forging a tax invoice for machinery, showing a higher value of Rs. 76.70 lakhs against an actual cost of Rs. 43.66 lakhs (including GST). The defacto complainant alleged the petitioner committed offences under various sections of the IPC.
Key Issues
Whether the petitioner was entitled to pre-arrest bail given the allegations of forging a tax invoice and misappropriating funds in a business venture. Whether the offences alleged were serious enough to deny anticipatory bail.
Sections Cited
Section 438 of the Code of Criminal Procedure, Sections 406, 420, 465, 468, 471, 506 of the Indian Penal Code
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA, 1945 BAIL APPL. NO. 9269 OF 2023 CRIME NO.1118/2023 OF ADOOR POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED: MUHAMMED NASMAL K NISHARUDEEN, AGED 27 YEARS S/O NISHARUDEEN, KAVILAYIL HOUSE, KANNAMKODE, ADOOR POST OFFICE, PATHANAMTHITTA DISTRICT, PIN – 691523 BY ADVS. ARUN CHANDRAN ANJALY T.A HARIMOHAN ASWATHY S MENON RESPONDENTS/ STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER/ INVESTIGATING OFFICER, CRIME NO: 1118/ 2023, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 691523 3 MUHAMMED ANZEL H, AGED 29 YEARS, S/O HANEEFA.N, VILAYILKIZHAKKETHIL, MALOOR COLLEGE P.O, PATTAZHI VADAKKEKARA VILLAGE PATHANAPURAM, PRESENTLY RESIDING AT KENS HOUSE, HARMONY HOME, KUZHIVELIPADY, EDATHALA, ERNAKULAM, PIN - 683561 BY ADVS. MANSOOR.B.H. SAKEENA BEEGUM SMT. T.V. NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.9269/2023 ..2.. MOHAMMED NIAS C.P., J.
The judgment continues below.
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