Mujeeb A.S. v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 30[TH] DAY OF JANUARY 2023 / 10TH MAGHA, 1944** **BAIL APPL. NO. 825 OF 2023** **CRIME NO.59/2023 OF THAMPANOOR POLICE STATION,** ## **THIRUVANANTHAPURAM** ## **PETITIONER/ACCUSED NO.4 :** **MUJEEB A.S., AGED 42 YEARS S/O. ABDUL MAJEED, RESIDING AT MULAMOOTTIL HOUSE, MUNDALA P.O., VELLANADU, THIRUVANANTHAPURAM, PIN - 695542** **BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANSHIN K.K** ## **RESPONDENTS/STATE & COMPLAINANT:** - **1 THE STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031** **2 THE INSPECTOR OF POLICE THAMPANOOR POLICE STATION, THAMPANOOR, THIRUVANANTHAPURAM DISTRICT, PIN – 695001. BY SMT.NEEMA T.V., SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.No.825 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.825 of 2023 -------------------------------------------------------Dated this the 30[th] day of January, 2023** ## **O R D E R** This application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, is at the instance of accused No.4 in Crime No.59 of 2023 of Thampanoor Police Station, Thiruvananthapuram. 2. Heard the learned counsel for the petitioner and also the learned Public Prosecutor. 3. I have perused the case diary produced by the learned Public Prosecutor. 4. The prosecution allegation is that, the petitioner/accused No.4 in this crime, on 29.12.2022, B.A.No.825 of 2023 ..3.. demanded the defacto complainant to return the money borrowed from him. When the defacto complainant informed that he would be able to pay the amount only when he would get the money from the first accused, accused Nos.1 to 3 with an intention to threat the defacto complainant and get security documents brought the defacto complainant to the office of accused No.3 and thereafter, forcefully obtained 4 signed stamp papers and 2 signed blank papers from the defacto complainant, as per the oral direction given by accused No.4 through phone. According to the defacto complainant, the above documents were obtained by committing extortion and putting defacto complainant with fear of death by showing knife. 5. While canvassing anticipatory bail to the petitioner, it is submitted by the learned counsel for the B.A.No.825 of 2023 ..4.. petitioner that the petitioner is innocent, the allegations are false and no such occurrence as contended. He also pointed that, eventhough the occurrence was on 29.12.2022, the First Information Statement was given only on 17.01.2023, as an after thought with ulterior motives to avoid payment of money due to the accused No.4. 6. According to the learned counsel for the petitioner, the petitioner is ready to co-operate with the investigation and therefore, he is liable to be released on pre-arrest bail. 7. opposing grant of anticipatory bail, the learned Public Prosecutor submitted that investigation revealed that the allegation raised by the defacto complainant is having force as signed stamp papers and blank papers were obtained from the defacto B.A.No.825 of 2023 ..5.. complainant, by putting him with fear of death. Therefore, arrest and custodial interrogation are necessary. 8. On perusal of the records, it could be seen that the defacto complainant and accused No.4 jointly purchased a second hand BMW car for their joint use. That shows a cordial relationship between them. Thereafter, the petitioner/accused No.4 demanded his share to the tune of Rs.6 lakh and accordingly, difference of opinion arose between them. According to the defacto complainant, occurrence is the outcome of such difference of opinion and non-payment of the amount. 9. The veracity of the allegations raised by the defacto complainant is a matter of fair investigation. However, admittedly, financial liability in between the B.A.No.825 of 2023 ..6.. petitioner and the defacto complainant could be seen from the case records. In such a case, when the petitioner is ready to co-operate with the investigation, he is liable to be released on anticipatory bail on conditions. Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions: i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of surrender itself. ii. On such production, Jurisdictional Court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by himself B.A.No.825 of 2023 ..7.. and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court. iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner. v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Sd/- ## **A.BADHARUDEEN, JUDGE** rkj B.A.No.825 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 825/2023** **PETITIONER ANNEXURES** **ANNEXURE-A1 TRUE COPY OF THE FIRST INFORMATION REPORT REGISTERED IN THAMPANOOR POLICE STATION IN THE CRIME NO. 59/2023 DATED 17.01.2023**