Disposed

Jose P.Samuel v. State of Kerala

Kerala HC19 Feb 2019Bail Appl./8104/2018

Case brief

AI extract

What is this about?

The High Court of Kerala directed the petitioner, accused in a cheating and misappropriation case involving a co-operative bank, to appear before the investigating officer. The court ordered disposal of the bail application only after the petitioner surrenders and is produced before it.

What did the court decide?

Directed petitioner to appear before investigating officer within ten days; bail application to be disposed of after producer.

Jose P.Samuel Vs State of Kerala — Cheque Dishonour | 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 SUNIL THOMAS

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TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

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Bail Appl..No. 8104 of 2018

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PETITIONER/ACCUSED:

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JOSE P.SAMUEL AGED 58 YEARS KAMPARATHIL POIKA, THUMBAMON P.O., PATHANAMTHITTA - 689 625.

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BY ADV. SRI.P.VINODKUMAR

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.682 031

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OTHER PRESENT:

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 8104 of 2018

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O R D E R

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The petitioner herein apprehending arrest as second accused in crime no.455/2018 of Malayalapuzha police station, Pathanamthitta for offences punishable under Sections 406, 408, 420, 450, 465, 470 r/w. 34 of IPC and the provisions of the Kerala Co-operative Societies Act.

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The allegation of the prosecution is that, the petitioner herein, while working as the Manager, in collusion with the first accused, who was also the Manager of the branch, committed misappropriation, falsification of accounts and thereby cheated the co-operative bank to the tune of Rs.4 crores. It was alleged that several gold loans were created falsely.

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It is reported that the first accused was arrested and released. The contention of the learned counsel for the petitioner is that he retired on 31.5.2017 and the incident took place thereafter.

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The learned Public Prosecutor on instruction submitted

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that the acts were done much prior to its detection and the petitioner was continuing such misappropriation till his

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Bail Appl..No. 8104 of 2018

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retirement.

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Having appreciating these facts, I am inclined to direct the petitioner herein to appear before the investigating officer within ten days from today. If he so surrenders, after interrogation, identification and recovery, if any, he shall be produced before the jurisdictional court on the same day of surrender. The court below shall take up the bail application filed by him on the same day of his appearance with notice to the learned Assistant Public Prosecutor and shall pass appropriate orders on the same day.

Sd/-

SUNIL THOMAS

JUDGE

shg

Jose P.Samuel v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jose P.Samuel v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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