Allowed

V.Bindu v. State of Kerala

Kerala HC20 May 2015Bail Appl./1485/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed under Section 438 Cr.P.C. granting anticipatory bail to accused persons alleged to have committed financial fraud under the Indian Penal Code involving a co-operative society.

What did the court decide?

Anticipatory bail granted. Petitioners released on bail bond of Rs. 25,000 each with two sureties for the like sum if arrested. Conditions imposed co-operation and non-tampering with evidence.

V.Bindu Vs State of Kerala — Bail and Remand | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW

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WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937

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Bail Appl..No.1485 of 2015

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CBCID CRIME NO.110/CR/EOW1/KLM/13 (CRIME NO.617/2013 OF CBCID,THIRUVANANTHAPURAM,THIRUVANANDAPURAM).

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PETITIONER'S/ACCUSED NOS.6,7,8,9,10,11,13,14,15,16:

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1. V.BINDU,WIFE OF NANDASOONU,AGED 47 YEARS 'SANDRAM',CHIRAMUKKU,ATTUKAL,MANAKKAD P.O, THIRUVANANTHAPURAM

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2. ANSALY K.V,SON OF VARGHESE K.P,AGED 59 YEARS, KATTITHARA HOUSE,GIRINAGAR SOUTH, KADAVANTHRA P.O,KOCHI-682020.

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3. GOPAKUMAR K.R,SON OF N.KUTTAN PILLAI, KAYIKARA VEEDU,KARIKODU,KOLLAM-691005.

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4. ABU.R.ONAMPALAM,SON OF RAGHAVAN, AGED 53 YEARS, 'ABSU BHAVAN',MULAVANA P.O,KOLLAM.

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5. THANKACHAN P.M,SON OF MATHEW P.Y, AGED 54 YEARS,PUTHENPARAMBIL HOUSE, THUMPOLLY,ALAPPUZHA-688008.

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6. KUMARADAS.J,SON OF JANARDHANAN PILLAI, AGED 60 YEARS,' SREE PADMAM', PATTURAIKKAL,THRISSUR-680022

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7. G.THOMAS PANICKER,SON OF GEEVARGHESE PANICKER, AGED 51 YEARS,PLAVILATHEKKETHIL KALILIL VEEDU, AMBIPOIKA P.O,KUNDARA,KOLLAM.

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8. HARIDAS.P,SON OF PARAMESWARAN, 'GOKULAM',ERAMALLOOR P.O,PIN-688537.

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9. SURESH BABU,SON OF THAMPI PILLAI, AGED 58 YEARS,'USHASREE' SURENDRAPURAM, PAZHAVEEDU P.O,ALAPPUZHA.

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10. A.G.GIREESAN,SON OF A.G.GOPALAN, TC.NO.16/585(2),RIYAS MANZIL,EVRA 33A, JAGATHI,THAIKKAD P.O,THIRUVANANTHAPURAM.

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BY SRI.M.K.DAMODARAN (SENIOR ADVOCATE.) ADVS.SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S.

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SRI.J.VIMAL

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SRI.ANTONY ROBERT DIAS pto

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...2...

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B.A.NO.1485/2015

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, (CBCID CRIME NO.110/CR/EOW1/KLM/13(CRIME NO.617/2013 OF VANCHIYOOR POLICE STATION, THIRUVANNATHAPURAM DISTRICT ), RREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.

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BY PUBLIC PROSECUTOR SRI.C.RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-05-2015, ALONG WITH B.A.NO.1498/2015 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

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B.A. Nos.1485 &1498 of 2015

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Dated this the 20^th day of May, 2015

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O R D E R

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Petitions filed under Section 438 Cr.P.C.

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Petitioners along with the co-accused are alleged

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to have committed the offences under Secs.120(B), 465, 468, 471, 420, 408, 409, 477(A), 36, 406 and 109 of the Indian Penal Code. They were members of the Director Board of the Kerala State Financial Enterprise's staff Co-operative Society which conducts chitty and accepts deposits from the members. The prosecution case is that there has been falsification of accounts and misappropriation of huge amounts by the persons concerned.

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Heard. It is submitted that the petitioners are not involved in the commission of offences and they happened to be made accused only because they were Directors of the Board of the Co-operative Society and they sanctioned the loans which were disbursed to certain persons.

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Having regard to the facts of the case, custodial

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interrogation of the petitioners is not necessary for effective investigation. So I am inclined to grant the prayer for anticipatory bail.

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B.A. Nos.1485 &

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1498 of 2015 2

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In the result, this application is allowed.

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The petitioners shall be released on bail after interrogation on their executing a bond for 25,000/(Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

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They shall appear before the Investigating

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Officer for interrogation if they are so required by him in writing.

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They shall not destroy or tamper with evidence.

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They shall co-operate with the investigation.

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In case of violation of any of the above

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conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

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Sd/-

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K. ABRAHAM MATHEW

JUDGE

/ True Copy /

P.A. To Judge

V.Bindu v. State of Kerala

Case brief

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V.Bindu v. State of Kerala

Case brief

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