JACOB SAMSON, S/O.SAMSON JACOB, AGED 58 YEARS, KANNIMATTAM VEEDU, T.C.3/678, T.K.DIVAKARAN ROAD, MUTTADA WARD, KOWDIAR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695 003. BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM 695 005.

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BY PUBLIC PROSECUTOR SRI SAJJU.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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K.ABRAHAM MATHEW, J.

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B.A.No.246 of 2017

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Dated this the 17^th day of March, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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The petitioner is the accused in Crime No.2495 of 2016 of

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Nedumangad Police Station registered for the offences under Sections 406 and 420 of the IPC.

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The petitioner is the Executive Chairman of Samson and Sons Builders & Developers (P) Ltd. The co-accused are his sons and daughter-in-law. His sons are the Managing Director and the Director of the company. They received various amounts from the complainants promising to sell them an apartment in a multistoried building which they proposed to construct and convey the proportionate right in the land. It is alleged that after receiving the amounts, they took no steps to construct the building and misappropriated the amounts paid by the victims.

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The learned counsel for the petitioner submits that the petitioner's company has completed nine projects, that apart, the company has eleven on going projects. He further submits that the company has started construction of the building in which the victims were offered an apartment and it had no intention to cheat the victims.

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B.A.No.246 of 2017 2

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The accused including the petitioner received huge amounts from the victims in 2014. Even after three years the accused could not do any substantial portion of the work; only the foundation has been laid and some pillars erected. This indicates that there was lack of bona fides on the part of the petitioner and the co-accused. They are enable to pay back the amount. So prima facie , the petitioner and the co-accused have committed the offences alleged against them. The victims raised the money by taking loan from various institutions and disposing of their own properties. There is no explanation how the huge amount received from the victims was appropriated by the petitioner and the coaccused. This is an economic offence. It is not proper to grant anticipatory bail to the petitioner.

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In the result, this application is dismissed.

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Sd/-

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K.ABRAHAM MATHEW, JUDGE

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/True copy/

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P.A. to Judge

Jacob Samson v. State of Kerala

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Jacob Samson v. State of Kerala

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