Abdul Rasheed vs State Of Kerala

Gopinath P., J

These are applications for anticipatory bail.

The petitioner is common in all these three cases. The allegation against the petitioner is that the petitioner along with the other accused in the case had obtained money from the de-facto complainants in these cases promising job in the Cochin International Airport Limited. While the allegation in Crime No.109 of 2021 of Vellikulangara Police Station, Thrissur District and in Crime No.739 of 2021 of Cherpu Police Station, Thrissur District was that the 1st accused had obtained money from the de-facto complainants, the allegation in Crime No.105 of 2021 of Malappuram Police Station, Malappuram District, is that the petitioner together with all the other accused had obtained money from the de-facto complainant.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had no occasion to demand or collect any money from any of the de-facto complainants promising them a job in Cochin International Airport Limited. It is submitted that the petitioner has no connection whatsoever with Cochin International Airport Limited and he had no occasion to demand any money for offering job to any person in Cochin International Airport Limited. It is submitted that the 1st accused in these cases has already been arrested and remanded to custody. It is submitted that the arrest and detention of the petitioner is absolutely not necessary in the facts and circumstances of the case. It is also submitted that the petitioner has no criminal antecedents.

Heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the cases are under investigation and the allegations are serious. It is submitted that as per the allegations, huge amounts of money were obtained by the accused in these cases promising job in the Cochin International Airport Limited. It is submitted that the interrogation of the petitioner is absolutely necessary in the matter and anticipatory bail may not be granted.

Having regard to the facts and circumstances of the case and considering the fact that no criminal antecedents are reported against the petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

In the result, these bail applications are allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court separately in Crime No.109 of 2021 of Vellikulangara Police Station, Thrissur District, Crime No.739 of 2021 of Cherpu Police Station, Thrissur District and Crime No.105 of 2021 of Malappuram Police Station, Malappuram District;

(2) Petitioner shall report before the investigating officer in Crime No.109 of 2021 of Vellikulangara Police Station, Thrissur District, Crime No.739 of 2021 of Cherpu Police Station, Thrissur District and Crime No.105 of 2021 of Malappuram Police Station, Malappuram District, whenever called upon to do so;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainants or any witness in Crime No.109 of 2021 of Vellikulangara Police Station, Thrissur District, Crime No.739 of 2021 of Cherpu Police Station, Thrissur District and Crime No.105 of 2021 of Malappuram Police Station, Malappuram District;

(4) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated or if any incriminating material is found during the course of investigation warranting cancellation of bail, the prosecution may file an application before the Jurisdictional Court for cancellation of bail.