Allowed

Thomas Daniel v. State of Kerala

Kerala HC7 Jan 2021Bail Appl./248/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed bail applications in multiple pending cases against accused persons in fake deposit schemes. The court directed release on bond with two solvent sureties each, imposing conditions regarding passport surrender, non-tampering with evidence, and appearance before the investigating officer.

What did the court decide?

Bail allowed with execution of bond for Rs. 5,00,000 each with two solvent sureties each; conditions imposed including passport surrender.

Thomas Daniel Vs State of Kerala — Cheating and Forgery | 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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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.240 OF 2021

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CRIME NO.1623/2020 OF Enath Police Station , Pathanamthitta

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PETITIONER/S:

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1	THOMAS DANIEL
	AGED 66 YEARS
	INDHIKATTIL HOUSE.VAKAYAR P.O,KONNI, PATHANAMTHITTA 686698
2	PRABHA THOMAS AGED 61 YEARS
	INDHIKATTIL HOUSE.VAKAYAR P.O,KONNI,PATHANAMTHITTA 686698
3	DR RINU MARIAM THOMAS AGED 35 YEARS INDHIKATTIL HOUSE.VAKAYAR P.O,KONNI,PATHANAMTHITTA 686698
4	REBA MARY THOMAS AGED 26 YEARS
ENT/S :	INDHIKATTIL HOUSE.VAKAYAR P.O,KONNI,PATHANAMTHITTA 686698 BY ADV. SRI.C.S.MANU
1	STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
2	CENTRAL BUREAU OF INVESTIGTION COCHIN REPRESENTED BY ITS SUPERINTENDENT OF POLICE 682017
	BY PUBLIC PROSECUTOR ADV.SASTHAMANGALAM S AJITHKUMAR SPL.PP

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RESPONDENT/S:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..247/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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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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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.241 OF 2021

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CRIME NO.1587/2020 OF Enath Police Station , Pathanamthitta

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PETITIONER/S:

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1 THOMAS DANIEL AGED 66 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698 2 PRABHA THOMAS AGED 61 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698 3 DR. RINU MARIAM THOMAS AGED 35 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698 4 REBA MARY THOMAS AGED 26 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698 BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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2 CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS SUPERINTENDENT OF POLICE, COCHIN 682017 R1 BY PUBLIC PROSECUTOR

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Bail Appl..No.240 OF 2021 & con.cases

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..247/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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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

¶32

THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.242 OF 2021

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CRIME NO.1776/2020 OF Enath Police Station , Pathanamthitta

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PETITIONER/S:

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DR.RIA ANN THOMAS AGED 31 YEARS INDHIKATTIL HOUSE.VAKAYAR P.O,KONNI,PATHANAMTHITTA 686698

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BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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2 CENTRAAL BUREAU OF INVESTIGTION COCHIN REPRESENTED BY ITS SUPERINTENDENT OF POLICE 682017

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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..247/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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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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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.243 OF 2021

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CRIME NO.806/2020 OF Mannarkkad Police Station , Palakkad

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PETITIONER/S:

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DR.RIA ANN THOMAS AGED 31 YEARS INDHIKATTIL HOUSE.VAKAYAR P.O,KONNI,PATHANAMTHITTA 686698

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BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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2 CENTRAAL BUREAU OF INVESTIGTION COCHIN REPRESENTED BY ITS SUPERINTENDENT OF POLICE 682017

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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..247/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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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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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.244 OF 2021

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CRIME NO.1576/2020 OF Vanchiyoor Police Station , Thiruvananthapuram

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PETITIONER/S:

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DR RIA ANN THOMAS AGED 31 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698

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BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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2 CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS SUPERINTENDENT OF POLICE,COCHIN 682017

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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..247/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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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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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.245 OF 2021

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CRIME NO.1587/2020 OF Enath Police Station , Pathanamthitta

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PETITIONER/S:

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DR. RIA ANN THOMAS AGED 31 YEARS INDHIKATTIL HOUSE, VAKAYAR P.O., KONNI, PATHANAMTHITTA 686698

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BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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2 CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS SUPERINTENDENT OF POLICE, KOCHI 682017

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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..246/2021, Bail Appl..247/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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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

¶96

THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.246 OF 2021

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CRIME NO.1628/2020 OF Enath Police Station , Pathanamthitta

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PETITIONER/S:

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DR. RIA ANN THOMAS AGED 31 YEARS INDHIKATTIL HOUSE, VAKAYAR P.O., KONNI, PATHANAMTHITTA 686698

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BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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2 CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS SUPERINTENDENT OF POLICE, KOCHI 682017

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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..247/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶110

PRESENT

¶111

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶112

THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.247 OF 2021

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CRIME NO.1623/2020 OF Enath Police Station , Pathanamthitta

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PETITIONER/S:

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DR.RIA ANN THOMAS AGED 31 YEARS INDHIKATTIL HOUSE.VAKAYAR P.O,KONNI,PATHANAMTHITTA 686698

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BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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2 CENTRAAL BUREAU OF INVESTIGTION COCHIN REPRESENTED BY ITS SUPERINTENDENT OF POLICE 682017

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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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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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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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Bail Appl..No.248 OF 2021

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CRIME NO.1689/2020 OF Enath Police Station , Pathanamthitta

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PETITIONER/S:

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1 THOMAS DANIEL AGED 66 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698

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2 PRABHA THOMAS AGED 61 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698

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3 DR RINU MARIAM THOMAS AGED 35 YEARS

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PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698

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4 REBA MARY THOMAS AGED 26 YEARS PERMANENTLY RESIDING AT INDHIKATTIL HOUSE, P.O VAKAYAR, KONNI, PATHANAMTHITTA 686698

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BY ADV. SRI.C.S.MANU

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RESPONDENT/S:

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

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Bail Appl..No.240 OF 2021 & con.cases

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2 CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS SUPERINTENDENT OF POLICE,COCHIN 682017

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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2021, ALONG WITH Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..247/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.240 OF 2021 & con.cases

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COMMON ORDER

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[ Bail Appl..240/2021, Bail Appl..241/2021, Bail Appl..242/2021, Bail Appl..243/2021, Bail Appl..244/2021, Bail Appl..245/2021, Bail Appl..246/2021, Bail Appl..247/2021, Bail Appl..248/2021 ]

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Dated this the 7th day of January 2021

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These are applications seeking regular bail filed under Section 439 Cr.PC.

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The applicants in B.A. Nos.240/2021, 241/2021 and 248/2021 are accused Nos.1 to 4, while the applicant in B.A. Nos. 242/2021, 243/2021, 244/2021, 245/2021,246/2021 and 247/2021 is the 5th accused in the crimes referred to above. The accused are facing accusations for offences punishable under Sections 406 and 420 read with Section 34 IPC and under Section 5 of the Kerala Protection of Interest of Depositors in Financial Establishments Act, 2013 (Act 7 of 2015), Sections 3, 21(2)(3) and 5 read with Sections 23 and 25(1) of Banning of Unregulated Deposits Schemes Act, 2019 and Section 45(s) of the Reserve Bank of India Act, 1934, Sections 17 and 18 of Kerala Money

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Bail Appl..No.240 OF 2021 & con.cases

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Lenders Act, 1958 and Section 5 of Protection of Interests of Depositors in Financial Institutions Act, 2013 (Act 7 of 2015).

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The first accused is the Managing Director/Managing Partner of the institutions named M/s.Popular Finance and its sister concerns. The second accused, Prabha Thomas, is his wife, while accused Nos.3 to 5 are their daughters. They are all partners/directors of the institutions conducted by A1 in different names. The allegation against the accused persons is that they had collected money from various persons dishonestly inducing them to deliver the money on account of returning the same with very high interests and accordingly, the money was deposited by the persons in the different institutions belonging to the accused, namely M/s.Popular Finance, M/s.Popular Marine Products, M/s.Marirani Trading LLP etc. Promises were given to the depositors that their amounts would be doubled in seven years. However, the depositors were not given the money and cheated. The accused also committed violation of the various provisions of the Acts stated above.

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The applicants state that the allegations are not true and that they did not induce the depositors to deposit money with the

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Bail Appl..No.240 OF 2021 & con.cases

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intention to misappropriate the amounts. But because of the pandemic situation, they were not able to return the money, when all the depositors demanded the return of their money. The money received from the depositors are deposited in the various establishments which are making a profit and the money received could not be left to lie idle and that is why it was deposited in profit-making firms and Companies. Only then would the accused be able to return their money with the promised interests.

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The applicants were arrested on different dates. There are a number of cases registered against them. In some of the cases, they had already completed the statutory period of 90 days and have been granted statutory bail. In yet other cases, they are yet to complete the statutory period. But they have been granted regular bail by the jurisdictional court.

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As per the order of this Court, the investigation in all the cases concerning the accused persons were ordered to be transferred to the Central Bureau of Investigation. Accordingly, the CBI has taken control of the investigation. It is submitted by the learned Standing Counsel appearing for the CBI that the CBI is making an application before the court which directed registration

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Bail Appl..No.240 OF 2021 & con.cases

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of separate FIRs in each of the complaints received against the accused to consolidate all the complaints together and to file a single FIR against the accused before the CBI Court. While directing the investigation to be conducted by the CBI, this Court had directed the Special Court constituted for trying offences registered by the CBI in the Special Court. However, the FIR is yet to be filed and it is likely that it may be delayed. The learned counsel appearing for the applicants therefore, seeks bail on the premise that the applicants have all been subjected to custodial interrogation in the different cases. All the documents have been seized and therefore, there is no possibility of the applicants being subjected to custodial interrogation again. They are willing to cooperate with the investigation. In matters where they have been granted bail, they are directed to surrender their passports and conditions have been imposed directing them not to tamper with evidence and also directed them to appear before the investigating officer to cooperate with the investigation. It is submitted that the applicants are willing to abide by any condition that may be imposed by this Court.

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Under the circumstances, I find that further incarceration

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Bail Appl..No.240 OF 2021 & con.cases

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of the applicants may not be required. However, some more FIRs are yet to be registered against the applicants in consequence of the receipt of further complaints against them by depositors who have not yet filed any complaint. In those cases, the applicants could be arrested and also be subjected to custodial interrogation, if so required by the CBI. In the pending cases in which the applicants have filed the aforesaid applications, I find that there is no need to detain them for any reason. Under the circumstances, the bail applications are all allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.5,00,000/(Rupees five lakhs only) each in each of the cases, with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, which had remanded them, and in case, the matters are transferred to the CBI Court, the same bail bond shall continue. The granting of bail will also be on the following further conditions:

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(i) They shall appear before the investigating officer as and when called for and cooperate with the investigation.

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

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Bail Appl..No.240 OF 2021 & con.cases

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(iii) They shall surrender their passports before the

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jurisdictional court.

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(iv) 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

rmm

Thomas Daniel v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas Daniel v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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