Dismissed

K.M. Thomas v. State of Kerala

Kerala HC14 Dec 2020Bail Appl./6483/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposal of an anticipatory bail petition. The court rejected the plea, directing the petitioner to surrender for interrogation. Anticipatory bail was denied as it was not a fit case, and the petitioner was ordered to apply for regular bail to the jurisdictional court if arrested.

What did the court decide?

No anticipatory bail granted. Petitioner directed to surrender within two weeks or face arrest.

K.M. Thomas Vs State of Kerala — Cheating and Forgery | Kerala HC (2020)

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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 ASHOK MENON

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MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942

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Bail Appl..No.6483 OF 2020

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CRIME NO.266/2020 OF Ulikkal Police Station , Kannur

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PETITIONER/S:

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K.M. THOMAS AGED 60 YEARS SON OF MATHEW, KALATHIKATTIL HOUSE, KOLITHATTU P O, ARABIKULAM, KANNUR DISTRICT 670706

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BY ADV. SRI.CIBI THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 682031

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2 ADDL. R2. JIJI KOCHUPLACKAL S/O. THOMAS, KOCHUPLACKAL HOUSE, SECRETARY, ST. GEORGE MALANKARA CATHOLIC CHURCH, KOLITHATTU PO, KANNUR DISTRICT. PIN-670706.

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IS IMPLEADED AS PER ORDER DATED 19.10.2020 IN CRL. MA NO. 1/2020 IN BA NO. 6483/2020.

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R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.C.P.PEETHAMBARAN

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 6483/2020

O R D E R

Dated this the 14th day of December 2020 APPLICATION FOR ANTICIPATORY BAIL

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The applicant is the sole accused in Crime No.266/2020 of Ulikkal Police Station, for having allegedly committed offences punishable under Section 420 IPC.

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The prosecution case, in brief, is that while the applicant was acting as the Secretary of St.George Malankara Catholic Church, he collected Rs.5,46,256/- from various parishioners for the purpose of the construction of a new Church building and the decision to construct the Church was taken in the year 2017 and he allegedly misappropriated the entire amount for himself and cheated the parishioners. The de facto complainant is the present Secretary of the Church Committee. The applicant states that it is one Fr. Jose Munduvelil who was the Vicar of the

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BA 6483/2020

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Church who was dealing with the amount. The construction work was also led by the said Vicar and the applicant cannot be made responsible for the misappropriation of the amount.

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Heard the learned counsel for the applicant and the learned Public Prosecutor. The learned counsel appearing for the de facto complainant was also heard.

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Considering the fact that the applicant has admitted that he was the Secretary of the Committee which was initially constituted for the purpose of construction of a new building for the Church. The applicant cannot skulk away from the interrogation with regard to the appropriation of the money. The applicant submits that he has got all materials and accounts to indicate that it was the Vicar of the Church who had dealt with the money. Even for finding that he has to cooperate with the investigation. Under the circumstances, I find that it is not a fit case where the applicant can be granted anticipatory bail. He,

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BA 6483/2020

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therefore, is directed to surrender before the investigating Officer within two weeks. In the event of his being arrested, he shall be subjected to interrogation and after recovery, if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day.

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The bail application is disposed of as above.

Sd/-

ASHOK MENON

JUDGE

K.M. Thomas v. State of Kerala

Case brief

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K.M. Thomas v. State of Kerala

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