This is a bail application where petitioners, accused in a cheating and forgery case, sought anticipatory bail. The court allowed the application on surrender and specific bail conditions.
Petitioners directed to surrender within two weeks; arrestees released on bail with bond of Rs. 50,000 and two sureties for the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 16TH DAY OF JULY 2020 / 25TH ASHADHA, 1942
Bail Appl..No.3600 OF 2020
CRIME NO.117 OF 2020 OF THE POOCHAKAL POLICE STATION , ALAPPUZHA
PETITIONERS/SOLE ACCUSED PROBABLE ACCUSED 2 TO 5:
1 VISHNU.K, AGED 34 YEARS, S/O.KARUNAKARA KURUP, BRANCH MANAGER, M/S.SHRIRAM TRANSPORT FINANCE COMPANY, 1ST FLOOR, SARAL BUILDING, THURAVOOR SOUTH, THURAVOOR P.O., CHERTHALA-688 532, RESIDING AT ARUNIMA, S.L.PURAM P.O., CHERTHALA, ALAPPUZHA-688 523.
2 RAJESH P.R., AGED 38 YEARS, S/O.RAJAN UNNITHAAN, FORMER BRANCH MANAGER, M/S.SHRIRAM TRANSPORT FINANCE COMPANY, 1ST FLOOR, AMEW 33/12, THIRUVAMBADY JUNCTION, ALAPPUZHA-688 002, RESIDING AT VELLAVIL KIZHAKKEVIL, THENGAMOM P.O., PATHANAMTHITTA-690 552.
3 JAGANNATH K., AGED 39 YEARS, S/O.K.KUMAR, FORMER CREDIT MANAGER, M/S.SHRIRAM TRANSPORT FINANCE COMPANY, 1ST FLOOR, AMEW 33/12, THIRUVAMBADY JUNCTION, ALAPPUZHA-688 002, RESIDING AT DOOR NO.20/E, KOVALAN NAGAR, MADURAI-625 003.
4 SANOOP S., AGED 35 YEARS,
B.A.No.3600 OF 2020
2
S/O.SOMAN, FORMER FIELD EXECUTIVE, M/S.SHRIRAM TRANSPORT FINANCE COMPANY, 1ST FLOOR, AMEW 33/12, THIRUVAMBADY JUNCTION, ALAPPUZHA-688 002. RESIDING AT JONAKAM VIRUTHIL, CHENGALAM SOUTH P.O., KOTTAYAM-686 022.
5 SANTHOSH A.P., AGED 44 YEARS, S/O.PARAMESHWARAN, CREDIT MANAGER, M/S.SHRIRAM TRANSPORT FINANCE COMPANY, 1ST FLOOR, SARAL BUILDING, THURAVOOR SOUTH , THURAVOOR P.O., CHERTHALA-688 532, RESIDING AT AMBALAPPADI HOUSE, KUNALANOOR, MARADU P.O., ERNAKULAM-682 304. BY ADVS. SRI.C.HARIKUMAR SRI.RENJITH RAJAPPAN
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 ADDL.R2 SIYAD. A, S/O AZEEZ, THEKKE ITTIKKUNNATHU HOUSE, NADUVATH NAGAR, VADUTHALA P. O, POOCHAKKAL, CHERTHALA, ALAPPUZHA 688 535. IS IMPLEADED AS PER ORDER DATED 26.06.2020 IN CRL. MA NO. 1/2020 IN BA NO. 3600/2020. R2 BY ADV. SRI.P.M.PAREETH
OTHER PRESENT:
SRI.C.N.PRABHAKARAN – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3600 OF 2020
3
ORDER
Dated this the 16th day of July, 2020
APPLICATION FOR ANTICIPATORY BAIL
The petitioners are accused 2 to 5 in Crime
No.117 of 2020 of Poochakal Police Station, Alappuzha, for
having allegedly committed offences punishable under
Sections 420 and 468 of the IPC. The 1st accused is the
present Branch Manager of M/s. Shriram Transport
Finance Company. The 2nd petitioner is the erstwhile
Branch Manager. The 3rd petitioner is the erstwhile Credit
Manager and the 4th petitioner is the erstwhile Field
Executive, while the 5th petitioner is the present Credit
Manager of the said Company. The defacto complainant
was the owner of a TATA Ace vehicle, bearing Registration
No: KL 07 AY 864, which was financed by the aforesaid
Company on higher purchase. The defacto complainant
has been implicated here as the 2nd respondent, and is also
represented by a counsel of his choice.
B.A.No.3600 OF 2020
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2.The defacto complainant allegedly committed
default in payment of the hire purchase amount, in
consequence of which, the vehicle was seized. Arbitration
proceedings were initiated and arbitration award was
passed for an amount of Rs.59,000/-. The vehicle was
allegedly sold to a person named P. Gopalakrishnan. But,
when the registration of the vehicle was sought to be
transferred in the name of the purchaser, it was found that
there was some dues towards tax to the Motor vehicles
Department and therefore, the department refused to
bring about the transfer in the registration book.
3.Consequently, the vehicle was involved in an
accident and a compensation case was filed, before the
Claim's Tribunal, with the defacto complainant as a
respondent. The defacto complainant was aggrieved by
that. He filed a complaint, stating that despite, the seizure
of the vehicle, and even selling it, the company officials
have cheated him, by selling the vehicle and not adjusting
the sale amount towards the amount to due from him to the
B.A.No.3600 OF 2020
5
company and instead, they obtained an arbitration decree,
which is presently pending before the execution court, for
realisation. Hence, the crime was registered and the
investigation is on.
4.The learned counsel appearing for the petitioner,
Sri.C.Harikumar, submits that the they are willing to forgo
the arbitration award amount and settle the entire issue.
The petitioners are not required for any custodial enquiry
during the investigation. They are willing to co-operate
with the investigation.
5.Hence, the petitioners are directed to surrender
before the Investigating Officer within two weeks and after
interrogation, in the event of they being arrested, they
shall be released on bail on execution of bond for
Rs.50,000/-(Rupees Fifty thousand only), each with two
solvent sureties each for the like amount to the satisfaction
of the Investigating officer and on following further
conditions:
B.A.No.3600 OF 2020
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(i)They shall appear before the Investigating
Officer as and when called for and co-operate with the
investigation .
(ii)They shall not intimidate or influence witnesses
and tamper with evidence.
(iii) They shall not get involved in similar offences
during the currency of the bail period.
In case of breach of any of the bail conditions,
the prosecution shall be at liberty to apply for cancellation
of the bail.
The bail application is allowed.
Sd/-
ASHOK MENON
JUDGE
NR/16/07/20
3 issues framed by the court
Whether to grant anticipatory bail to accused persons in a cheating and forgery case pending investigation.
What conditions to impose on the grant of anticipatory bail.
Whether the accused are entitled to release on bail pending their surrender.
2 provisions across 1 enactments
Vishnu.K
Rajesh P.R.
Jagannath K.
Sanoop S.
Santhosh A.P.
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court