The Court heard bail applications filed by the 2nd accused in nine similar criminal cases involving alleged financial fraud via bank loans. Rejecting anticipatory bail, the Court directed immediate interrogation by investigating officers.
Bail applications dismissed; Applicant directed to appear before investigating officer for interrogation within three weeks.
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
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5563 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1774/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.462/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5564/2020, Bail Appl..5565/2020, Bail Appl..5566/2020, Bail Appl..5567/2020, Bail Appl..5568/2020, Bail Appl..5569/2020, Bail Appl..5570/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl..Nos.5563 & con.cases OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5564 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1770/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.457/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5565/2020, Bail Appl..5566/2020, Bail Appl..5567/2020, Bail Appl..5568/2020, Bail Appl..5569/2020, Bail Appl..5570/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..Nos.5563 & con.cases OF 2020
3
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5565 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1772/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.456/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5564/2020, Bail Appl..5566/2020, Bail Appl..5567/2020, Bail Appl..5568/2020, Bail Appl..5569/2020, Bail Appl..5570/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
4
Bail Appl..Nos.5563 & con.cases OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5566 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1776/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.455/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5564/2020, Bail Appl..5565/2020, Bail Appl..5567/2020, Bail Appl..5568/2020, Bail Appl..5569/2020, Bail Appl..5570/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
5
Bail Appl..Nos.5563 & con.cases OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5567 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1775/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.461/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5564/2020, Bail Appl..5565/2020, Bail Appl..5566/2020, Bail Appl..5568/2020, Bail Appl..5569/2020, Bail Appl..5570/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
6
Bail Appl..Nos.5563 & con.cases OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5568 OF 2020
CRIME NO.458/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5564/2020, Bail Appl..5565/2020, Bail Appl..5566/2020, Bail Appl..5567/2020, Bail Appl..5569/2020, Bail Appl..5570/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
7
Bail Appl..Nos.5563 & con.cases OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5569 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1773/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.460/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5564/2020, Bail Appl..5565/2020, Bail Appl..5566/2020, Bail Appl..5567/2020, Bail Appl..5568/2020, Bail Appl..5570/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
8
Bail Appl..Nos.5563 & con.cases OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5570 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1777/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.459/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5564/2020, Bail Appl..5565/2020, Bail Appl..5566/2020, Bail Appl..5567/2020, Bail Appl..5568/2020, Bail Appl..5569/2020, Bail Appl..5571/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
9
Bail Appl..Nos.5563 & con.cases OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5571 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1771/2020 DATED 20-08-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.451/2020 OF Nenmara Police Station , Palakkad
PETITIONER/S:
REENA AGED 40 YEARS W/O.SUBRAMANIAN, PEZHUMPARA, CHATHAMANGALAM, NEMMARA, PALAKKAD. 678508
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, ALONG WITH Bail Appl..5563/2020, Bail Appl..5564/2020, Bail Appl..5565/2020, Bail Appl..5566/2020, Bail Appl..5567/2020, Bail Appl..5568/2020, Bail Appl..5569/2020, Bail Appl..5570/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.5563 & con.cases OF 2020
10
COMMON ORDER
Dated this the 16th day of September 2020
Applicant is the 2nd accused in Crime Nos.462, 457, 456, 455, 461, 458, 460, 459, 451 of 2020 of Nenmara Police Station, Palakkad
for having allegedly committed offences punishable under sections 406 and 420 r/w Section 34 of IPC.
11
Bail Appl..Nos.5563 & con.cases OF 2020
applicant states that the amounts were actually disbursed through the accounts of the agriculturists and there is no possibility that the applicant or the other accused could siphon the amount from them.
Bail Appl..Nos.5563 & con.cases OF 2020
12
going through the concerned allegations in each of the cases and the present pandemic situation and also the fact that the applicant is a lady and after exploring the possibility of her co-operating and appearing for further investigation.
With these observations, the bail applications are all disposed
of.
Sd/-
ASHOK MENON
JUDGE
rmm
2 issues framed by the court
Whether the applicant, a 2nd accused in cases involving financial fraud and large-sum allegations, is eligible for anticipatory bail.
Whether extensive interrogation is required before granting bail in cases involving large sums and multiple accused.
Reena
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
