Muhammed Ashiq K. and Prajeesh Ahamed v. State of Kerala
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C. S. Dias
- Judgment Date
- 2024-06-07
- Court Decision / Holding
- The applications are allowed. The petitioners are to be released on bail on a bond of Rs. 50,000 each with two solvent sureties of like amount, subject to conditions: (i) appearance before the Investigating Officer every Saturday from 9 a.m. to 11 a.m. until final report; (ii) no inducement or tampering with witnesses; (iii) no commission of offences; (iv) surrender of passports; (v) court may cancel bail for violations; (vi) bail conditions may be modified or deleted by the court below; (vii) IO may continue investigations and effect recoveries if necessary, in line with Sushila Aggarwal v. State (NCT of Delhi) and another. The matter is disposed with a finding that further detention is unnecessary given 56 days in custody, complete investigation, and recoveries made, and with the noted stringent conditions.
- Final Disposition
- Bail granted to both petitioners; applications allowed with conditions.
Parties to the Case
Appellants / Petitioners
- Muhammed Ashiq K.
- Prajeesh Ahamed
Respondents
- State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
Legal Representation & Advocates
Counsels for Petitioners
- • T. P. Santosh Kumar
- • C. H. Abdul Rasac
Counsels for Respondents
- • Smt Seetha S (Senior Public Prosecutor)
- • Smt Neema T.V (Senior Public Prosecutor)
Case Synopsis & Summary
This common order relates to two bail applications (BA Nos. 3743/2024 and 3945/2024) arising from Crime No. 404/2024 of the Manjeri Police Station, Malappuram, involving Muhammed Ashiq K. and Prajeesh Ahamed. The petitioners, charged under Section 420 IPC and Section 66D IT Act, were arrested in connection with an alleged online loan fraud in which they allegedly induced the de facto complainant to submit an online loan application, later correcting the details and siphoning Rs. 68,229. The petitions under Sec. 439 CrPCWere heard together as the underlying crime is the same and both accused have been in judicial custody for about 56 days. The prosecution contends there are incriminating materials and prior antecedents in other cases; the defense submits their innocence, arguing there are no incriminating materials and that the investigation is nearly complete with recoveries already effected. The court relies on Hussainara Khatoon and Sanjay Chandra to emphasize that the presumption of innocence applies and bail is the rule, not the exception, and that public sentiment should not override liberty under Article 21. After considering the authorities and circumstances, the court grants bail with stringent conditions, noting the completed investigation and completed recoveries, and directing bonds, sureties, appearance, non-interference, passport surrender, and potential for cancellation on violation. The two petitions are consolidated and disposed of by this common order.
Provisions of Law Cited
Legal Doctrines & Maxims
- Bail is the rule and jail is the exception
- Presumption of innocence until proven guilty
- Right to bail cannot be denied merely due to sentiments of society, especially after charge sheet is filed
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend their complete innocence and lack any incriminating materials tying them to the crime. They were in judicial custody for 56 days; the investigation is near completion and recoveries have been effected. They submit that there is no substantive ground to deny bail and that the fundamental presumption of innocence under Article 21 applies. They rely on established precedents that bail is the normal rule and detention is exceptional, provided the accused are not likely to interfere with witnesses or commit another offence; if the evidence is not strong, arrest should not convert into punitive pre-trial detention. They urge bail with standard safeguards to ensure appearance and prevent tampering.
Contentions of Respondents
The State opposes bail on the ground that there are incriminating materials and the investigation is ongoing. The petitioners have prior criminal antecedents in related cases, increasing the risk of flight or repetition if released. They argue that the protection of victims’ interests and public order requires continued detention until completion of investigation and before trial. They rely on the need to prevent tampering with evidence and to ensure availability during trial, urging caution and stringent conditions if bail is granted.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Hussainara Khatoon (I) v. Home Secy., State of Bihar | (1980) 1 SCC 81 | Positive | Cited to underscore that antecedents are not a valid ground to deny bail and to ground the presumption of innocence. |
| Sanjay Chandra v. CBI | (2012) 1 SCC 40 | Positive | Used to reiterate that the presumption of innocence is central and that pre-conviction detention should not be based solely on former conduct. |
| Sushila Aggarwal v. State (NCT of Delhi) and another | 2020 (1) KHC 663 | Positive | Cited for the proposition that courts may permit investigations and recoveries even while the accused are on bail and that bail can be conditioned with ongoing duties. |
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