Disposed

Dhananjayan.S.G v. State of Kerala

Kerala HC2 Apr 2019Bail Appl./784/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an anticipatory bail application filed by an accused in a bank fraud case. The court directed the petitioner to surrender immediately before the trial court to seek bail, noting that custodial interrogation is indispensable due to the serious financial allegations involved.

What did the court decide?

Directing immediate surrender to the trial court to apply for bail with Prosecutor's notice.

Dhananjayan.S.G Vs State of Kerala — Contract and Commercial Disputes | 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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TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

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Bail Appl..No. 784 of 2019

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PETITIONER:

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DHANANJAYAN.S.G AGED 58 YEARS SANKARAVILASAM VEEDU, THONNALLUR, MEVELLOOR P.O, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686609.

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BY ADVS. SRI.S.VIDYASAGAR SHRI.MOHANAN K.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLUAM, PIN-682031.

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2 DEPUTY SUPERINTENDENT OF POLICE, (RURAL) VAIKOM, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, VAIKOM, PIN-686141.

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3 CIRCLE INSPECTOR OF POLICE, KADUTHURUTY, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686604.

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4 SUB INSPECTOR OF POLICE VELLOOR POLICE STATION, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686501.

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SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 784 of 2019

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ALEXANDER THOMAS, J.

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===========================

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B.A.No.784 of 2019

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============================

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Dated this the 2^nd day of April, 2019

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O R D E R

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The petitioner is the accused No.1 in Crime No.54/2019 of Vellur Police Station which has been registered for offences punishable under Sections 405, 406, 408, 420, 465, 468, 471 and Section 34 of the IPC.

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The brief of the allegations therein in the said crime is that

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the petitioner herein who is then Secretary of the Vellur Service Cooperative Bank and the other accused persons had falsified documents and had unlawfully misappropriated, and had sanctioned huge loans to their relatives with the intention to cause unlawful loss to the bank and unlawful gain to them for the period from 1999 to 2014, etc.

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The learned counsel for the petitioner would submit that an internal departmental enquiry was already conducted by the Cooperative bank and that almost all the documents are with the departmental authorities and that seizure of documents from the accused persons are not necessary as the documents are with the

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Bail Appl..No. 784 of 2019

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departmental authorities concerned and that audit reports in the matter are in favour of the petitioner/accused, etc and that at any rate the custodial interrogation of the petitioner is not really required in the facts and circumstances of the case and that this Court may grant pre-arrest bail to the petitioner, after imposing any stringent conditions to ensure the integrity of the investigation process.

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Per contra the learned Prosecutor would submit on the basis of instructions that the allegations disclosed against the petitioner and the other accused are indeed grave and serious, and as much as the alleged amounts come to the tune about Rs.40 crores and that the custodial interrogation of the petitioner is imperative, etc. and that only a full fledged investigation could reveal the exact magnitude and gravity of the offences.

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Having regard to the submissions on both sides, it is ordered that the petitioner may immediately surrender before the learned magistrate who is dealing with Crime No.54/2019 of Vellur Police Station without any further delay and thereupon petitioner may make necessary application for grant of bail, an advance copy of which should be given to the learned Prosecutor who is dealing with the case and

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Bail Appl..No. 784 of 2019

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thereupon the learned Magistrate will consider the said applications on

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the same day and pass orders thereon, in accordance with law, after affording a reasonable opportunity of being heard to the learned counsel for the petitioner and the learned Prosecutor appearing for the Sate.

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With these observations and directions the above Anticipatory Bail application will stand disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE

mpm

Dhananjayan.S.G v. State of Kerala

Case brief

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Dhananjayan.S.G v. State of Kerala

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