Dismissed

Muraleedharan P.K. v. State of Kerala

Kerala HC2 Aug 2019Bail Appl./4763/2019

Case brief

AI extract

What is this about?

In this bail application, the court dismissed the plea for anticipatory bail filed by an accused accused of cheating, criminal breach of trust, forgery, and cheating under the IPC. The court held that the case was not fit for granting extraordinary discretion due to the serious nature of the charges involving misappropriation and forgery.

What did the court decide?

Bail application dismissed; petitioner must wait for further legal proceedings.

Muraleedharan P.K. Vs State of Kerala — Cheating and Forgery | Kerala HC (2019)

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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 ALEXANDER THOMAS

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FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941

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Bail Appl..No.4763 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 782/2019 of DISTRICT COURT & SESSIONS COURT,KOZHIKODE

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CRIME NO.114/2019 OF Medical College Police Station , Kozhikode

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PETITIONER/ACCUSED:

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MURALEEDHARAN P.K. AGED 48 YEARS S/O.K.C.PRABHAKARAN, PRARTHANA, MUNDAN PARAMBA, BEYPORE P.O., KOZHIKODE, PIN- 673015.

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BY ADVS. SRI.S.SAJU SMT.NEELANJANA NAIR SRI.A.V.SAJAN

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RESPONDENT:

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1 STATE OF KERALA, REP. BY THE MEDICAL COLLEGE POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 ADDL.R2 K. SHANAVAS S/O AMMAD KUTTY, DIRECTOR, ZAWAR COMMERCIAL CONSTRUCTIONS PVT LTD, KOLOKKANDY HOUSE, KOZHUKKALLUR VILLAGE, KOZHUKKALLUR DESAM, KOZHUKKALLUR PO, KOYILANDY, KOZHIKODE DISTRICT, PIN-673524.

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IS IMPLEADED AS PER ORDER DATED 9/7/2019 IN CRL.MA NO.1/2019 IN BA-4763/2019.

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BY ADVS. SRI.MATHEWS K.UTHUPPACHAN SRI.BIJU .C. ABRAHAM

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SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A. No. 4763 of 2019

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ALEXANDER THOMAS, J.

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B.A. No. 4763 of 2019

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Dated this the 2^nd day of August, 2019

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ORDER

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The petitioner herein has been arrayed as the sole accused in the instant Crime No. 114/2019 of Kozhikode Medical College Police Station, which has been registered for offences punishable under Secs.408, 420, 468 and 471 of Indian Penal Code, on the basis of the F.I.Statement complaint given by the defacto complainant on 06.02.2019 in respect of the alleged incidents which had happened for the period from 05-04-2017 to 06-022019.

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The prosecution case in short, is that the petitioner/accused was working as a Senior Sales Manager of M/s. 'Zewar', Commercial Constructions Pvt.Ltd., which is carrying on building construction of flats, etc., under Malabar Builders, in which the defacto complainant is the Managing Director. During 05.04.2017 to 06.02.2019, the petitioner/accused with the intention of causing unlawful loss to the company and the customers, the amount

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B.A. No. 4763 of 2019

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entrusted by the customers to the tune of Rs.28,48,747/- was misappropriated by the petitioner herein and spent for his personal needs by creating forged documents in the name of the Company and that thereby the petitioner has committed the above said offences.

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The learned counsel for the petitioner would vehemently submit that the abovesaid allegations raised against the petitioner are baseless and false and further that during the abovesaid period in question petitioner has never worked at the Kuttikkattoor Branch but he has worked as a Deputy Sales Manager at the Kannur Branch and subsequently at Thiruvananthapuram Branch etc.

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Sri.Biju.C.Abraham, learned counsel appearing for the respondent/defacto complainant would point out that the abovesaid allegations of the petitioner are not correct and that the records with the Company which has been investigated by the police would clearly show the involvement of the petitioner in the abovesaid allegations. Further the prosecution has a case that the investigation so far has disclosed the offences committed by the

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B.A. No. 4763 of 2019

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petitioner and that he has created three agreements for selling flats, forging signature of the Director and he has obtained a total amount of Rs.28,48,747/- from various customers and that he has misappropriated the said amount for his personal needs and does not handed over the said amount to the company and that thereby he has committed the above said offences of misappropriation, cheating, etc.

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The stand of the Prosecution is that statements of some of the customers, who handed over money to the petitioner for purchasing the flat and villa, have already been collected, which would also clearly show the involvement of the petitioner in the abovesaid offences. The learned counsel for the petitioner points out that the custodial interrogation of the petitioner is not necessary as the petitioner is no longer in the service of the complainant Company and that there is no possibility for him to tamper with any documentary evidence or to influence any of the witnesses in the Company etc. The learned Public Prosecutor would point out that the allegations disclosed against the petitioner are serious and that for effecting thorough investigation of the matter, the custodial interrogation of the petitioner is

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B.A. No. 4763 of 2019

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necessary.

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After hearing both sides, and evaluating the facts and circumstances of the case as stated above, this Court is constrained to take the view that this is not a fit case to exercise the extra ordinary discretion in the matter of grant of Anticipatory Bail.

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Accordingly, the application fails and the same stands dismissed.

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Sd/-

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ALEXANDER THOMAS JUDGE

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KAS

Muraleedharan P.K. v. State of Kerala

Case brief

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Muraleedharan P.K. v. State of Kerala

Case brief

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