Partly allowed

Alan Adath v. State of Kerala

Kerala HC28 Jan 2021Bail Appl./43/2021

Case brief

AI extract

What is this about?

, the High Court of Kerala disposed of four connected bail applications for accused in a cheating case involving Rs.57 lakh. The court allowed pre-arrest bail for four applicants but dismissed the application for the applicant who was the second accused, directing a later hearing for him if arrested.

What did the court decide?

Bail allowed for four applicants; application dismissed for the second accused but ordered to surrender for interrogation.

Alan Adath 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 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

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Bail Appl..No.6023 OF 2020

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CRIME NO.1481/2019 OF Thodupuzha Police Station , Idukki

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PETITIONER/S:

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MINI P M AGED 48 YEARS WIFE OF T K SURESH, KOONAMANGAL HOUSE, MANIYAR P.O, PADAYANIPARA, PATHANANAMTHITTA 689662

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR

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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 STATION HOUSE OFFICER, POLICE STATION OF THODUPUZHA, THODUPUZHA 685584

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3 SHOOJA ANZIL W/O ANZIL, AGED 41 YEARS, ROSHINI VEETTIL, MAMMOOD JUNCTION, CHANTHANATHOPPU KARA, KOTTANKARA VILLAGE, KOLLAM DISTRICT 691014 IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 12/11/2020 IN CRL MA 1/2020

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R1 BY PUBLIC PROSECUTOR R3 BY ADV. SRI.AJEESH M UMMER R3 BY ADV. SHRI.KABIR U.

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2021, ALONG WITH Bail Appl..6041/2020, Bail Appl..7064/2020, Bail Appl..43/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.6023 of 2020& 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 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

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Bail Appl..No.6041 OF 2020

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CRIME NO.1481/2019 OF Thodupuzha Police Station , Idukki

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PETITIONER/S:

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1 ASAF A AGED 49 YEARS SON OF ABDUL RASHEED, PULIMMOOTTIL VEEDU, KAZHAKKOOTTAM P.O, 695582

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2 BAJANA S AGED 45 YEARS WIFE OF ASAF, PILIMOOTTIL VEEDU, KAZHAKOOTTAM P.O, 695582

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BY ADV. SRI.VISHNU BHUVANENDRAN

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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 STATION HOUSE OFFICER OF THODUPUZHA POLICE STATION POLICE STATION OF THODUPUZHA, 685584

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3 ADDL. R3. SHOOJA ANZIL W/O ANZIL, ROSHINI VEETTIL, MAMMOOD JUNCTION, CHANTHANATHOPPU KARA, KOTTANKARA VILLAGE PIN-691014

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(IMPLEADED AS PER ORDER DATED 12.11.2020 IN CRL. MA NO. 1/2020 IN BA NO. 6041/2020)

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Bail Appl..Nos.6023 of 2020& con.cases

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R1 BY PUBLIC PROSECUTOR R3 BY ADV. SRI.AJEESH M UMMER R3 BY ADV. SHRI.KABIR U.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2021, ALONG WITH Bail Appl..6023/2020, Bail Appl..7064/2020, Bail Appl..43/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.6023 of 2020& 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 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

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Bail Appl..No.7064 OF 2020

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CRIME NO.1481/2019 OF Thodupuzha Police Station , Idukki

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PETITIONER/S:

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ATHUL PRASAD E.K. AGED 26 YEARS SREE BHAVAN, NEAR SABARI CENTRAL SCHOOL, CHERPULLASSERI, PALAKKAD DISTRICT 679503

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BY ADV. SRI.O.U.ANISH RAJ

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031 2 DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA 685584 3 SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA 685584

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4 SHUJA ANSIL AGED 42 YEARS W/O. M.J. ANSIL, “ROSHNI”, MAMMOOD JUNCTION, CHANDANATHOPPU P.O., KOLLAM DISTRICT. 691814 R1 BY PUBLIC PROSECUTOR R4 BY ADV. SRI.AJEESH M UMMER R4 BY ADV. SHRI.KABIR U.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2021, ALONG WITH Bail Appl..6023/2020, Bail Appl..6041/2020, Bail Appl..43/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.6023 of 2020& 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 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

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Bail Appl..No.43 OF 2021

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CRIME NO.1481/2019 OF Thodupuzha Police Station , Idukki

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PETITIONER/S:

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ALAN ADATH AGED 23 YEARS PULIMOOTTIL VEEDU, KAZHAKKOOTTAM P.O., VADAKKUMBHAGOM, THIRUVANANTHAPURAM 695582

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BY ADVS. SRI.VISHNU BHUVANENDRAN SMT.B.ANUSREE SMT.ANJITHA MARIA SUNNY

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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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R1 BY PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2021, ALONG WITH Bail Appl..6023/2020, Bail Appl..6041/2020, Bail Appl..7064/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.6023 of 2020& con.cases

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COMMON ORDER

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[ Bail Appl..6023/2020, Bail Appl..6041/2020, Bail Appl..7064/2020, Bail Appl..43/2021 ]

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Dated this the 28th day of January 2021

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Applications for anticipatory bail under Section 438 of Cr.P.C. The applicant in B.A.No.43/2021 is the 2^nd accused. Applicants in B.A. No.6041/2020 are accused Nos.4 and 3 respectively. The applicant in B.A No.6023/2020 is the 5^th accused while the applicant in B.A.No.7064/2020 is the 9^th accused in Crime No.1481/2019 of Thodupuzha Police Station for having allegedly committed offences punishable under Sections 406 and 420 r/w Section 34 of IPC.

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The prosecution case, in brief, is that the de facto complainant's daughter was seeking admission to MBBS course. She intended to join Al-Azhar Medical College, Thodupuzha in NRI quota since her father and husband of the de facto complainant employed abroad. The 2^nd accused is her cousin and son of the A3 and A4. A3 is de facto complainant's sister. Being closely related, the 2^nd accused ensured and allegedly

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Bail Appl..Nos.6023 of 2020& con.cases

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dishonestly induced the de facto complainant to deliver a sum of Rs.57,50,000/- to the 1^st accused making her believe that the amount is required for getting NRI quota of MBBS seat at AlAzhar Medical College. After having delivered the said amount, admission could not be obtained in that medical college and ultimately she got admission in Karuna Medical College, Palakkad for MBBS course in the NRI quota during spot admission conducted on 07.08.2019. Despite having not got admission in the Medical College as promised by the applicants, the amounts obtained was not entirely returned. But on constantly demanding the repayment, a sum of Rs.15 lakhs was returned to the de facto complainant and the rest of the amount was misappropriated. The 5^th accused who is the applicant in B.A No.6023/2020 is the mother of the 1^st accused. The applicant in B.A. No.7064/2020 is the 9^th accused, who is the partner of the 1^st accused, who is running an institute facilitating admission to the students in various colleges. The accused 2 to 4 would contend that the 2^nd accused was provided with admission for Engineering in a college at Tamil Nadu by the 1^st accused and therefore he believed that he could arrange for

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Bail Appl..Nos.6023 of 2020& con.cases

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admission to the de facto complainant 's daughter also and that is how the amount happened to be paid.

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Going by the allegation it is seen that most of the amounts were paid to the 1^st accused and some amount which had fallen short, was entrusted to the 2^nd accused and others were allegedly present at the time of transaction and therefore assumed to have knowledge regarding the entire transaction and the alleged cheating. The FI statement would indicate that the entire amount was entrusted to 1^st accused alone and the de facto complainant in fact did not even have knowledge whether her sister's son , the 2^nd accused or her sister and her husband who were accused Nos.3 and 4 had specific knowledge about the alleged cheating and misappropriation. Under the circumstances, the applicants state that they may be granted pre-arrest bail in this crime. They are willing to cooperate with the investigation and they do not have any criminal antecedents.

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Heard the learned counsel appearing for the applicants and the learned counsel appearing for the de facto complainant as also the learned Public Prosecutor.

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Bail Appl..Nos.6023 of 2020& con.cases

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The learned counsel appearing for the de facto complainant would submit that unless the applicants are subjected to custodial interrogation, it may not be possible or feasible to realise the amount which was paid to them. The specific role of the remaining accused is not very clear. But the de facto complainant is sure about handing over the amounts to the 1^st accused and to some extent to the 2^nd accused as well.

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Under the circumstances, it is only proper that the other accused need not be subjected to any custodial interrogation for the purpose of investigation. Hence, B.A. No.43/2021 is only to be dismissed while the other applications are allowed and the applicants are all directed to surrender before the investigating officer within two weeks. In the event of their arrest, A2 shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail, which shall be considered and preferably disposed of on the same day while the other accused, after interrogation, released on bail on execution of a 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 arresting officer and on following conditions:

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Bail Appl..Nos.6023 of 2020& con.cases

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(i) They shall appear before the investigating officer as

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and when called for.

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(ii) They shall not also attempt to influence the witnesses or tamper with evidence.

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

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In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.

SD/-

ASHOK MENON

JUDGE

rmm

Alan Adath v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alan Adath v. State of Kerala

Case brief

What is this about?

What did the court decide?

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