Allowed

C.D.Suresh v. State of Kerala

Kerala HC5 Aug 2019Bail Appl./4864/2019

Case brief

AI extract

What is this about?

This bail application under Section 438 Cr.P.C. filed by three accused men charged with misappropriation of funds by a cooperative society committee was allowed. The High Court held that custodial interrogation was not necessary and granted bail subject to bond and specific conditions.

What did the court decide?

Pre-arrest bail granted on condition of executing a bond of Rs. 40,000 each with two solvent sureties for similar amounts, reporting to IO, not tampering with witnesses, and not involving in other off

C.D.Suresh Vs State of Kerala — Bail and Remand | 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 B.SUDHEENDRA KUMAR

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MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941

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Bail Appl..No.4864 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 984/2019 of DISTRICT COURT & SESSIONS COURT,THRISSUR DATED 26-06-2019

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CRIME NO.674/2019 OF Town East Police Station , Thrissur

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PETITIONERS/ACCUSED 2 TO 4:

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1 C.D.SURESH, AGED 49 YEARS S/O DAMODARAN NAIR, CHITTETHUPARAMBIL HOUSE, PONNOOKKARA, THRISSUR.

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2 P.R.KRISHNAPRASAD, AGED 52 YEARS S/O K.N. REGHU, KRISHNA NIVAS, KARAPPUZHA P.O.KOTTAYAM-686 003.

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3 V.S.REGHU, AGED 46 YEARS S/O SANKARANKUTTY, VALLATH HOUSE, ANNALLOOR P.O.VIA CHALAKKUDY, THRISSUR DISTRICT-680 731.

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BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR)

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR P.O.-680001.

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Addl. BALAKRISHNAN, AGED 61 YEARS R3 S/O AYAPPANKUTTY, CHETTIYATTIL HOUSE KUTTUMUKK DESOM, VILVATTOM VILLAGE VIYYOOR THRISSUR, 680010

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-2-

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Bail Appl..No.4864 of 2019

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ADDRESS OF SERVICE : MANAGER COFFEE POWDER UNIT, INDIAN COFFEE HOUSE ROUND SOUTH, THRISSUR 680001

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IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 12/07/2019 IN CRLMA NO 1/2019.

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BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.NANDAGOPAL S.KURUP

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SRI.C.K.SURESH,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4864 of 2019

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O R D E R

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The petitioners are accused Nos. 2 to 4 in crime No. 674 of Thrissur East Police Station registerd for

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the offences punishable under Sections 406 and 420 read with Section 34 Ipc.

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The prosecution allegation can be briefly stated thus:

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The defacto complainant and others were enrolled in a group insurance policy during 2011. They surrendered the policy and obtained the money. The money was collected by the Managing Committee of the Indian Coffee Board Workers Co-operative Society. It is alleged that an amount of Rs.2,31,62,159/- (Two crore thirty one lakh sixty two thousand one hundred and fifty nine only) was collected by the said Committee. It was also alleged that the said amount

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-4-

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Bail Appl..No.4864 of 2019

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was misappropriated by the petitioners who were the

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office bearers of the Committee.

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The petitioners have filed this application under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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that the investigation so far conducted did not reveal

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anything to indicate that the allegations raised against

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the petitioners are correct. It has been submitted by

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the learned Public Prosecutor that the amount collected by the Committee was already transferred to

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the accounts of the employees. Considering the facts

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and circumstances of the case, I am of the view that

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the custodial interrogation of the petitioners is not necessary in this case. In the said circumstances, I am

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Bail Appl..No.4864 of 2019

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inclined to grant pre-arrest bail to the petitioners.

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In the result, this bail application stands allowed

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and respondent Nos. 1 and 2 are directed to release

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the petitioners on bail in the event of their arrest in the above said crime, on condition of the petitioners executing a bond for Rs.40,000/- (Rupees forty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the second respondent, before whom the petitioners shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:-

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The petitioners shall report before the Investigating Officer as and when

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Bail Appl..No.4864 of 2019

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required by the Investigating Officer for interrogation.

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The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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The petitioners shall not get involved in any other offence of similar nature during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/05.08.19

C.D.Suresh v. State of Kerala

Case brief

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C.D.Suresh v. State of Kerala

Case brief

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