Allowed

Nandakumar v. State of Kerala

Kerala HC8 Sept 2021Bail Appl./5951/2021

Case brief

AI extract

What is this about?

High Court of Kerala allowed bail to an accused bank employee charged with misappropriation and cheating of temple funds. The court held further detention unnecessary as documents were seized, subject to standard bail conditions.

What did the court decide?

Released on bail on bond of Rs. 1,00,000 with two sureties for same sum, subject to conditions of appearance, no tampering, and no new offences.

Nandakumar Vs State of Kerala — Corruption | Kerala HC (2021)

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BAIL APPL. NO. 5951 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 8^TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943 BAIL APPL. NO. 5951 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CRMP 3105/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD, THRISSUR

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(CRIME NO.478 OF 2021 OF GURUVAYUR TEMPLE POLICE STATION,

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THRISSUR)

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APPLICANT/ACCUSED

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NANDAKUMAR AGED 56 YEARS

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S/O RAMAN MOOSAD, KRISHNAKRIPA HOUSE, KOTTEPADY, POOKODE, THRISSUR

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/COMPLAINANT

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

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OTHER PRESENT:

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SRI. MANU.P.G – SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5951 OF 2021

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ORDER

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Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

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The petitioner is the sole accused in Crime No. 478 of 2021 of Guruvayur Temple Police Station registered for the offences punishable under Sections 403, 406, 409, 465, 468, 471 and 420 of I.P.C.

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He has been in custody since 21.07.2021.

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The brief facts of the case is as follows:

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The petitioner is an employee of Punjab National Bank, Guruvayur Branch. The bank has deputed him to collect the amount from the temple offered by the devotees which include silver and gold items during the period from 2019 to June 2021 and deposit in the bank in the account of the temple. He used to collect the same for the purpose of depositing the entire things thus entrusted by the officials of the temple. But he misappropriated certain amount by forging documents. He misappropriated in total a sum of Rs.27,51,400/- during the relevant period apart from the gold and silver items and cheated the bank and the temple authorities. Thus he has been booked for the aforesaid offences.

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Heard the learned counsel for the petitioner as well the learned

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BAIL APPL. NO. 5951 OF 2021

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Public Prosecutor.

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The learned counsel for the petitioner has raised a plea of false implication and pointed out that all documents are available in the bank which has already been seized by the investigating agency and therefore his further detention in jail is not at all required for the investigating agency to proceed with the case.

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The learned Public Prosecutor has fairly submitted that the investigation of the case is well in progress.

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A perusal of the materials produced before me would show that the bank deposited the money alleged to have been misappropriated by the petitioner in the account of the temple taking up the responsibility of the petitioner as the employee of the said bank, deputed to collect the offerings of the devotees of the Guruvayur temple. As the petitioner has been in custody for more than one month, I think that further detention of him may not be required for the investigating agency to complete the investigation of the case. Moreover the required documents from the temple as well from the bank had already been seized by the investigating agency. Such being the case, I think that this petitioner can be released on bail subject to the following conditions.

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(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent

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BAIL APPL. NO. 5951 OF 2021

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sureties for the like sum each to the satisfaction of the court having jurisdiction.

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(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

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(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iv) The petitioner shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the

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learned Magistrate is empowered to cancel the bail in accordance

with the law.

Sd/-

SHIRCY V. JUDGE

smm

Nandakumar v. State of Kerala

Case brief

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Nandakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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