Judgment
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:
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MOHAMMED NIAS C.P., J.
- - - - - - - - - - - - - - - - - - - - - B.A.No. 9269/2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of November, 2023 O R D E R This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.
2.
The petitioner is the sole accused in Crime No.1118/2023 of Adoor Police Station, Pathanamthitta District, for having allegedly committed offences punishable under Sections 406, 420, 465, 468, 471 and 506 of the Indian Penal Code.
3.
The prosecution case is that the applicant and the defacto complainant were close friends who had ventured to start a business of production of protein powder from chicken waste along with one Noufal, who was also a close friend of the applicant as well as the defacto complainant. Off late, the said Noufal withdrew from the business and the applicant and the defacto complainant moved forward with the business plan by executing a deed wherein it is stipulated to invest the capital amounts equally. The allegation of the prosecution as well as the defacto complainant is that the applicant herein had misappropriated a sum of Rs.
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35, 99, 000/- by forging a tax invoice in the name of A.S. Engineering Company for an amount of Rs. 76, 70, 000/-. It is also alleged that the machinery purchased was not up to the standards and thereby the applicant cheated the defacto complainant and committed the aforesaid offences. The defacto complainant alleges that the total cost of the machinery comes to the tune of Rs. 43, 66, 000/- only, including the GST and thus the defacto complainant alleges that the applicant had cheated him and thereby committed the offence.
4.
The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
5.
Taking into account the allegations against the petitioner for having forged a bill in the business dealings which he had with the defacto complainant for the purchase of machinery, by showing higher value after taking money from the defacto complainant, I do not think this is a fit case for granting anticipatory bail as it cannot be said that the offences are not attracted . Grant of anticipatory bail would adversely affect a proper investigation. Therefore, the following directions are issued:- In the event the petitioner surrenders before the Investigating
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Officer in ten days, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
The bail application is disposed of as above.
Sd/- MOHAMMED NIAS C.P.
JUDGE APA
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APPENDIX OF BAIL APPL. 9269/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIR BEARING NUMBER 1118 OF 2023 OF THE ADOOR POLICE STATION OF PATHANAMTHITTA DISTRICT DATED 15.08.2023.
Annexure 2 TRUE COPY OF THE RECONSTITUTED PARTNERSHIP
DEED
BEARING
DATE 04.08.2023, EXECUTED BETWEEN THE APPLICANT, THE DEFACTO COMPLAINANT AND THE INCOMING PARTNER.
Annexure 3 TRUE COPY OF THE TAX INVOICE DATED 25.02.2023, ISSUED BY A.S. ENGINEERS, GHAZIABAD.
Annexure 4 TRUE COPY OF THE ORDER DATED 09.10.2023, IN CRIMINAL MISCELLANEOUS PETITION NO. 6495/2023.