Allowed

M.Vasantha v. State of Kerala

Kerala HC22 Oct 2019Bail Appl./6082/2019

Case brief

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What is this about?

The High Court of Kerala granted anticipatory bail to three accused persons charged with cheating and criminal breach of trust regarding the unauthorized sale of pledged gold from a cooperative society. The court ordered the accused to appear for interrogation and released them on bond with surities.

What did the court decide?

Applicants released on bail on bond of Rs.50,000 each with two sureties upon satisfying conditions of cooperation and appearance for interrogation.

M.Vasantha Vs State of Kerala — Money Laundering | 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 22ND DAY OF OCTOBER 2019 / 30TH ASWINA, 1941

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Bail Appl..No.6082 OF 2019

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CRIME NO.475/2017 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM

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PETITIONERS:

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1 M.VASANTHA AGED 59 YEARS W/O. MOHANAN, ASHWATHI HOUSE, VENGANOOR P.O., THIRUANANTHAPURAM-695 527

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2 R.RATHEESH, AGED 33 YEARS S/O. RAVEENDRAN, CLARIVILA HOUSE, VENGANOOR P.O., THIRUANANTHAPURAM-695 527

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3 V.SASI KUMAR, AGED 57 YEARS S/. VELAPPAN NAIR, SREEKALANILAYAM, VENGANOOR P.O., THIRUANANTHAPURAM-695 527

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BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.P.M.RAFIQ SRI.M.REVIKRISHNAN SRI.V.C.SARATH SRI.VIPIN NARAYAN SRI.AJEESH K.SASI SMT.POOJA PANKAJ SRUTHY N. BHAT

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RESPONDENTS:

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

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Bail Appl..No.6082 OF 2019

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..2..

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2 ADDL.R2 SECRETARY, VENGANOOR SERVICE CO-OPERATIVE SOCIETY, VENGANOOR PO, THIRUVANANTHAPURAM-695527. [IMPLEADED AS PER ORDER DATED 4/9/2019 IN CRL.MA NO.1/2019 IN BA-6082/2019.]

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SRI B. JAYASURYA SR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6082 OF 2019

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..3..

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ORDER

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This application is filed under Section 438 of the Cr.P.C.

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The applicants herein are the accused Nos. 1 to 3 in Crime

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No.475 of 2017 registered at the Vizhinjam Police Station under Section

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403, 406, 408, 409, 420, 468, 471 r/w Section 34 of the IPC. The aforesaid crime is registered on 04.03.2017 based on a complaint lodged by Sri. Anilkumar, before the learned Magistrate, which was forwarded to the jurisdictional Police Station under Section 156(3) of the Cr.PC.

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The allegation against the applicants is that while they were functioning as the Assistant Secretary in charge, Senior Auditor and Attender respectively of the Venganoor Service Co-operative Society, they had sold without authority, the gold pledged with the bank by thirty individuals without issuing previous notice to the said persons. It is alleged that by their acts, wrongful loss was caused to the Society as well as the members.

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Sri.Vipin Narayan, the learned counsel appearing for the

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..4..

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Bail Appl..No.6082 OF 2019

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applicants, submitted that the transaction was of the year 2011-12 and he would point out that the pledged gold were sold as the pledgers did not appear before the society and take back the gold by paying the amount due. He would point out that none of the pledgers had lodged any complaint against the acts of the applicants. Furthermore, there were no rules or regulations detailing the manner in which the unclaimed gold had to be disposed of and the amounts appropriated to the society.

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Sri.Jayasurya, the learned Public Prosecutor, on

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instructions, submitted that the entire records were obtained from the society, but though the specimen signatures were forwarded to the handwriting examiner, the results have not been obtained till date. It is submitted that for the purpose of investigation, the custodial interrogation of the applicants are not required.

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In view of the facts and circumstances, I am inclined to allow this application. The applicants shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum.

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Bail Appl..No.6082 OF 2019

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..5..

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The above order shall be subject to the following conditions:

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i) The applicants shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.

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ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

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iii) They shall not commit any similar offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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Raja Vijayaraghavan V.,

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kkj/23.10.2019

M.Vasantha v. State of Kerala

Case brief

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M.Vasantha v. State of Kerala

Case brief

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