K.M.Gafoor vs. State Of Kerala

Bail Appl./8945/2022HC KeralaGSTCNR KLHC01076340202224 July 2023Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN6 pages

AI SummaryDismissed

Held

The High Court found serious allegations against the petitioner and determined that custodial interrogation was necessary to recover the property. The Court concluded that it was not a fit case to invoke powers under Section 438 Cr.P.C. and therefore dismissed the anticipatory bail application.

Facts

The petitioner, accused in Crime No. 511/2022, sought anticipatory bail under Section 438 Cr.P.C. The case was registered based on a complaint by the State Tax Officer, alleging that the petitioner removed 18,590 Kgs of seized arecanut, worth over Rs. 65 lakhs, from his warehouse without knowledge of the authorities, thereby committing criminal breach of trust.

Key Issues

Whether the petitioner was entitled to anticipatory bail under Section 438 Cr.P.C. for the alleged offense of criminal breach of trust under Section 406 IPC, given the removal of seized goods without authorization.

Sections Cited

Section 438 of Criminal Procedure Code, 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 MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945 BAIL APPL. NO. 8945 OF 2022 AGAINST THE ORDER/JUDGMENT IN CRMC 1385/2022 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER/ACCUSED: K.M.GAFOOR AGED 42 YEARS S/O.MOIDEEN HAJI, KUNNATHUPEEDIKAYIL HOUSE, VARAVOOR, THRISSUR DISTRICT, PIN - 680585 BY ADVS. P.SANJAY A.PARVATHI MENON KIRAN NARAYANAN RAHUL RAJ P. PRASOON SUNNY PAUL VARGHESE (PALLATH) AMRUTHA M. NAIR BIJU MEENATTOOR RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY C.I OF POLICE, CHERUTHURUTHY POLICE STATION, THRISSUR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031. SRI.MOHAMMED RAFIQ, SPL.GP(TAXES) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO.8945 OF 2022 2 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.8945 of 2022 ------------------------------- Dated this the 24th day of July, 2023

This Bail Application is filed under Section 438 of Criminal Procedure Code (Cr.P.C.)

Petitioner is the accused in Crime No.511/2022 Cheruthurut

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.