High Court of KeralaSingle Judge2024-04-19Bail granted in all listed bail applications wi...

Waseem Thondikodan @ T Vaseem v. State of Kerala (Bail Applications Nos. 2950/2024, 2944/2024, 2942/2024, 2926/2024, 2930/2024, 2923/2024, 2967/2024, 2951/2024, 2924/2024 & 2955/2024)

Case / Petition Number:BAIL APPL. NOS. 2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024

Neutral Citation::null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. Kunhikrishnan
Judgment Date: 2024-04-19
Court Decision / Holding: The bail applications are allowed. The petitioner is to be released on bail on a bond of Rs. 50,000 with two solvent sureties for the same amount, to the satisfaction of the jurisdictional court. The petitioner shall appear before the Investigating Officer as required, shall not leave India without court permission, shall surrender his passport (or file an affidavit in lieu if no passport exists), shall refrain from any act that may impede investigations or abduct, and shall not commit any similar offence. If any condition is violated, the bail can be canceled.
Final Disposition: Bail granted in all listed bail applications with specified conditions.

Parties to the Case

Appellants / Petitioners

Waseem Thondikodan @ T Vaseem

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Rameez Nooh
• Ronit Zachariah
• Badir Sadique

Counsels for Respondents

• Public Prosecutor, State of Kerala

Case Synopsis & Summary

In a consolidated bail-application order, the High Court of Kerala at Ernakulam, presided by a single judge, deals with multiple bail petitions filed by Waseem Thondikodan @ T Vaseem, accused in several offences registered at Kottakkal Police Station, Malappuram, primarily under sections 420 and 406 read with 34 IPC. The applications involve several crime numbers (356/2024, 357/2024, 352/2024, 373/2024, 353/2024, 355/2024, 345/2024, 351/2024, 346/2024 and 389/2024). The prosecution alleges that the petitioner, as director of SIS Banc Nidhi Ltd., engaged in a pattern of dishonest deposit practices and cheated victims; the arrest of the petitioner occurred on 30/01/2024 and subsequent cases reference his involvement. The defense contends that bail should be granted given the nature of the offences (predominantly 420 IPC), the petitioner’s custodial status (over 60 days in remand), and the need to ensure a fair trial; the State argues the petitioner is a main accused and that many cases have been filed on similar allegations. The court cites the principle that bail is the rule and jail is the exception, citing Chidambaram P. v. Directorate of Enforcement (2019 SCALE 870). Ultimately, the court allows the bail applications with stringent conditions and safeguards.

Provisions of Law Cited

Section 439 Cr.P.C.Section 420 IPCSection 406 r/w 34 IPC

Legal Doctrines & Maxims

Bail is the rule, jail is the exception

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submitted that he has been in custody for more than 60 days since arrest on 30/01/2024 and that the charges relate primarily to section 420 IPC. He argued that (i) the charge sheet should have been filed within 60 days and (ii) the gravity of the offences does not warrant continued detention given the lack of material indicating flight risk or tampering with witnesses. He asserted that the grant of bail with stringent conditions would safeguard the interests of justice and ensure a fair trial.

Contentions of Respondents

The State contended that the petitioner is the main accused in multiple cases, with several complaints filed against him in relation to a common set of allegations, justifying continued detention given the risk of flight and potential interference with witnesses. The prosecution stressed the seriousness and scale of the alleged cheating scheme and sought restrictions as necessary.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Chidambaram P. v. Directorate of Enforcement	2019 (16) SCALE 870	Positive	Cited to support the principle that bail is the rule and jail is the exception, justifying grant of bail in the present cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2950 OF 2024** **CRIME NO.356/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI, KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** **PP PRASANTH MP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2944/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2944 OF 2024 CRIME NO.357/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI, KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **PP PRASANTH MP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2942 OF 2024 CRIME NO.352/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **PP PRASANTH MP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2926 OF 2024 CRIME NO.373/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **PP PRASANTH MP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2930 OF 2024 CRIME NO.353/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **PP PRASANTH MP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2923 OF 2024 CRIME NO.355/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **PP: SEENA C** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2967 OF 2024 CRIME NO.345/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** **PP : SEENA C** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2951 OF 2024 CRIME NO.351/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** **PP : SEENA C** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2924 OF 2024 CRIME NO.346/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **PP PRASANTH MP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 2955 OF 2024 CRIME NO.389/2024 OF KOTTAKKAL POLICE STATION, MALAPPURAM** ## **PETITIONER/ACCUSED NO.1:** **WASEEM THONDIKODAN @ T VASEEM, AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI,KOZHIKODE -, PIN - 673014** **BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **PP PRASANTH MP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024 ALONG WITH B.A.NO.2950/2024 AND OTHER CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 11 ## **P.V.KUNHIKRISHNAN,J.** **- - - - - - - - - - - - - - - - - - - - -** B.A.Nos. 2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 **- - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 19[th ] day of April, 2024 ## **ORDER** These bail applications are filed under Section 439 of Criminal Procedure Code (Cr.P.C.) 2. The petitioners are accused no.1 in Crime Nos. 356/2024, 357/2024, 352/2024, 373/2024, 353/2024, 355/2024, 345/2024, 351/2024, 346/2024 & 389/2024 of Kottakkal Police Station, Malappuram District. The above cases are registered mainly alleging offences punishable under Sections 420, 406 r/w Section 34 IPC. 3. The prosecution case is that the petitioner who is the Director of a financial establishment by the name SIS Banc Nidhi Ltd., dishonestly induced the defacto complainant to make deposit in the said establishment from 23.06.2022 onwards and cheated him by not returning the amount deposited by the defacto complainants in these cases. The B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 12 petitioner was arrested on 30/01/2024 and his arrest was recorded in the other cases on subsequent dates. As per Annexure A3 judgment, this Court directed the investigating officer to record the arrest of the petitioner in all cases because several cases are registered with same set of allegations. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The counsel for the petitioner submitted that the petitioner is in custody for more than 60 days. It is submitted that the offence alleged against the petitioner is mainly under Section 420 of the IPC and the charge sheet is to be submitted within 60 days from the date of remand. Now, 60 days is over after the arrest of the petitioner and therefore the petitioner may be released on bail in these cases is the submission. The learned Public Prosecutor opposes the bail applications and submitted that the petitioner is the main accused and he cheated several victims and cases are being registered against the petitioner based on subsequent B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 13 complaints also. 6. This Court considered the contention of the petitioner and the learned Public Prosecutor. It is true that the petitioner is the 1[st] accused and he is involved in several cases. But the petitioner was arrested on 30/01/2024 and his arrest is recorded in the subsequent cases thereafter. The offence alleged against the petitioner is mainly under Section 420 of the IPC. Considering the facts and circumstances of these cases, I think this bail application can be allowed on stringent conditions. 7. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in _**Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870),**_ after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 14 8. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3. Petitioner shall not leave India without permission of the jurisdictional Court. 4. Petitioner shall not commit an offence similar to B.A.Nos.2950, 2944, 2942, 2926, 2930, 2923, 2967, 2951, 2924 & 2955 of 2024 15 the offence of which they are accused, or suspected, of the commission of which they are suspected. 5. Petitioner shall surrender his passport. If there is no passport, the petitioner shall file an affidavit to that effect. 6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. **Sd/-** **P.V.KUNHIKRISHNAN JUDGE** APA