Allowed

Soumya Muraleedharan v. State of Kerala

Kerala HC29 Mar 2021Bail Appl./1073/2021

Case brief

AI extract

What is this about?

The Kerala High Court heard three connected bail applications (1073/2021, 1078/2021, 1079/2021) filed by accused persons in Crime No.55/2020. The court granted pre-arrest anticipatory bail directing surrender within two weeks, subject to conditions including appearance before investigation officers and prohibitions on tampering with evidence.

What did the court decide?

Anticipatory bail allowed; applicants directed to surrender within two weeks; on arrest, release on bond of Rs.1 lakh with two sureties subject to conditions.

Soumya Muraleedharan Vs State of Kerala — Cheque Dishonour | Kerala HC (2021)

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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 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943 Bail Appl..No.1073 OF 2021

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CRIME NO.55/2020 OF Shornur Police Station, Palakkad

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PETITIONER/S:

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SOUMYA MURALEEDHARAN AGED 24 YEARS M.S. NIVAS, DEVI NAGAR, ANDI MADAM, KADUKKAMKUNNAM. P. O. 678651

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BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SHRI.BIJU VIGNESWAR SMT.SURABHI SANTHOSH SMT.MEERA M.

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RESPONDENT/S:

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

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH Bail Appl..1078/2021, Bail Appl..1079/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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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 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

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Bail Appl..No.1078 OF 2021

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CRIME NO.55/2020 OF Shornur Police Station, Palakkad

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PETITIONER/S:

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1 RASHEED AGED 39 YEARS POOKATHUKUNNATH HOUSE, PEROOR POST, OTTAPPALAM PATHIRIPALA, PALAKKAD DISTRICT-. 679302 2 M.P.MOHANDAS @ MOHANAN MASTER AGED 58 YEARS POTTENCHOLA HOUSE KOTTAPURAM P.O., SREEKRISHNAPURAM. 679513 3 VENUGOPAL AGED 50 YEARS MANGALAMKUNNU, CHERPULASSERRY. 679514 4 MUHAMED NOUSHAD AGED 38 YEARS EDAKURUSSI, MANNARKKAD, KALLADIKKODE. 678597 5 SHAKKIR HUSAIN. A AGED 38 YEARS LAKSHAM VEEDU COLONY, PALLIMOKKU KUTHANNUR. 678721

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6 SUNALEEDHARAN. K AGED 41 YEARS VADAKKAD HOUSE, THENNILAPPURAM. P.O, 678682

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7 MUSTAFA. K AGED 40 YEARS KOLOTHUPEEDIKA, KARIMPUZHA. 679513

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8 ABIJITH AGED 28 YEARS PANICKARKALAM HOUSE, KOTTAPURAM P.O, SREEKRISHNAPURAM. 679513

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BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SHRI.BIJU VIGNESWAR SMT.MEERA M.

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RESPONDENT/S:

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

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH Bail Appl..1073/2021, Bail Appl..1079/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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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 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943 Bail Appl..No.1079 OF 2021

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CRIME NO.55/2020 OF Shornur Police Station, Palakkad

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PETITIONER/S:

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SAJEEV KARUN AGED 44 YEARS KARUNA NIVAS, VENGANALLUR P.O., CHELAKKARA. 680586

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BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SHRI.BIJU VIGNESWAR SMT.SURABHI SANTHOSH SMT.MEERA M.

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RESPONDENT/S:

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

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH Bail Appl..1073/2021, Bail Appl..1078/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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BA 1073, 1078 & 1079/2021

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COMMON ORDER

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[ Bail Appl..1073/2021, Bail Appl..1078/2021, Bail Appl..1079/2021 ]

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Dated this the 29th day of March 2021

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These are applications seeking anticipatory bail.

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The applicant in BA No.1079/2021 is the first accused,

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and the applicant in BA No.1073/2021 is the second accused, while the applicants in BA No.1078/2021 are accused Nos.6, 7, 5, 4, 8 and 3 respectively, in Crime No.55/2020 of Shornur Police Station for having allegedly committed offences punishable under Sections 420 and 506 read with Section 34 IPC; Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978; Section 5 of the Kerala Protection of Interest of Depositors in Financial Establishments Act; Sections 3(a),(b) read with Sections 21(1), (2), (3), 5 read with Section 23, 6 read with Section 25(1)(3) of the Banning of Unregulated Deposit Schemes Act. Applicant Nos.5 and 7 in BA No.1078/2021 have not been made accused in this crime and therefore, the application for

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BA 1073, 1078 & 1079/2021

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anticipatory bail as regards them is not maintainable.

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The prosecution case, in brief, is that during the period 22.5.2019 to 20.6.2019, the first accused, who is the owner of Jen Trend Traders and Services Ltd. along with the other accused, who are all Directors and employees of the aforesaid concern collected huge sums of money from different persons, including the de facto complainant herein promising very handsome returns and under the belief that they were let to deliver money to the applicants and they were cheated. The first accused was arrested who is the Managing Director of the aforesaid concern. After the statutory period of detention, he was released in many of the cases. In some other cases, he was granted anticipatory bail and he is allegedly complying with the directions to appear before the concerned police stations and the learned Prosecutor has no dispute about that. The rest of the accused who are Directors were also granted anticipatory bail in several cases and they are also complying with the directions of this Court. The second accused is an employee and she was also granted anticipatory bail on the condition that she is complying with the conditions.

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BA 1073, 1078 & 1079/2021

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In view of the aforesaid facts, I find that custodial interrogation of the applicants may not be required since they have been questioned thoroughly in the other connected matters. They can also be questioned in the instant crime No.55/2020 for which they are willing to cooperate. Under the circumstances, I find that they are all entitled to pre-arrest bail.

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The bail applications are allowed. The applicants, except applicant Nos.5 & 7 in BA No.1078/2021, are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, after interrogation and recovery, if any, they shall be released on bail on execution of bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on the following conditions:

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(i) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till filing of the final report, whichever is earlier.

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(ii) They shall not tamper with evidence or intimidate or influence the witnesses.

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BA 1073, 1078 & 1079/2021

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(iii) They shall not get involved in any similar offence during the currency of the bail.

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In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.

Sd/-

ASHOK MENON

JUDGE

Soumya Muraleedharan v. State of Kerala

Case brief

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Soumya Muraleedharan v. State of Kerala

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