Dismissed

Sajeevan v. State of Kerala

Kerala HC30 Sept 2016Bail Appl./6810/2016

Case brief

AI extract

What is this about?

In a batch of bail applications regarding a collapsed chitty business involving misappropriation of over 30 crores, the court denied regular bail, citing gravity of offence and risk of absconding, while noting liberty to seek statutory bail later.

What did the court decide?

Regular bail denied. Liberty granted to approach lower court for statutory bail if police fail to submit final report in time.

Sajeevan Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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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 P.UBAID

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FRIDAY, THE 30TH DAY OF SEPTEMBER 2016/8TH ASWINA, 1938

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Bail Appl..No. 6810 of 2016

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CRIME NO. 1319/2016 OF ANTHIKKAD POLICE STATION, THRISSUR DISTRICT

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PETITIONER(S)/ACCUSED NO.6 :

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SAJEEVAN, AGED 50 YEARS,

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S/O. NARAYANAN, MULLAVEETTIL HOUSE, NATTIKA VILLAGE, THRIPRAYAR DESOM, THRISSUR DISTRICT.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENT(S)/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.

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BY PUBLIC PROSECUTOR SRI. SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-09-2016, ALONG WITH BA.NO. 6811 OF 2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

P.UBAID, J.

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B.A No.6810, 6811, 6812, 6813, 6814, 6815, 6816, 6817, 6818, 6819, 6820 and 6821 of 2016

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~~~~~~~~~~~

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Dated this the 30^th September, 2016

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O R D E R

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The petitioner is the 6^th accused in twelve crimes registered at the Anthikkad Police Station under Sections 406 and 420 read with 34 of the Indian Penal Code.

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A chitty business that collapsed, and the wrongful loss sustained by different subscribers in the said chitty transaction, is the subject matter of all these crimes. It is alleged that under some false pretext, this petitioner and the other accused received huge amount from various subscribers, and they dishonestly misappropriated the entire amount, and thus cheated every subscriber. The chitty now stands closed down. Huge amount is due to different subscribers including the victims in these twelve crimes. It is submitted that the total amount comes to more than 30 crores. The petitioner₹ has been in judicial custody since 10.8.2016. It is submitted that the 5^th accused has absconded from legal process. The 4^th accused is also now in judicial custody. He was arrested on 18.8.2016. The petitioner now seeks regular bail on the

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B.A No.6810 of 2016 and connected cases 2

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ground that investigation is practically over.

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On hearing both sides, and on a perusal of the materials, I find that it would be inappropriate and unsafe to release the petitioner on bail at this stage, in the nature of the allegations, the gravity of the offence alleged, and the total amount involved. I find the definite possibility of the petitioner absconding from legal process, if he is granted bail in the above situation. However, it is made clear that that the petitioner can approach the court below for statutory bail in case the Police failed to submit final report in time. Giving such liberty, these applications can be disposed of. Regular bail as such cannot be now granted to the petitioner. I also find the possibility of the material witnesses being influenced or won over by the petitioner, if he is released on bail at this stage.

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In the result, all the applications are dismissed. However, it is made clear that the petitioner can approach the court below for statutory bail in case the Police failed to submit final report in time.

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P.UBAID JUDGE

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ma /True copy/ P.S to Judge

Sajeevan v. State of Kerala

Case brief

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Sajeevan v. State of Kerala

Case brief

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