Allowed

Dinesh M.B. v. State of Kerala

Kerala HC20 Jan 2022Bail Appl./207/2022

Case brief

AI extract

What is this about?

Single judge allowed regular bail applications filed by accused persons who were board members of Karuvannur Service Co-operative Bank charges for cheating and criminal breach of trust granting release subject to bond conditions.

What did the court decide?

Released on bail subject to deposit of bond of Rs. 5,00,000 with sureties, deposit of Rs. 2,00,000, restrictions on leaving state and entering bank premises.

Dinesh M.B. Vs State of Kerala — Company and Corporate | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

THURSDAY, THE 20^TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943

¶5

BAIL APPL. NO. 183 OF 2022

¶6

CRIME NO.252/CB/TSR/D/21 OF CRIME BRANCH THRISSUR

¶7

PETITIONER/ACCUSED NO.5:

¶8

BAIJU T.S. AGED 46 YEARS S/O.SUBRAMANIAN, THAIVALAPPIL HOUSE, THALIYAKONAM, MADAYIKONAM P.O., THRISSUR DISTRICT, PIN - 680 712. BY ADV ANWIN JOHN ANTONY

¶9

RESPONDENT/COMPLAINANT:

¶10

STATE OF KERALA

¶11

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, THRISSUR). BY SRI.ASHI (PP)

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2022, ALONG WITH Bail Appl.Nos.207/2022 & 247/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

¶14

BAIL APPL. NO. 183, 207 AND 247 OF 2022

¶15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

¶17

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶18

THURSDAY, THE 20^TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943 BAIL APPL. NO. 207 OF 2022

¶19

CRIME NO.252/CB/TSR/D/21 OF CRIME BRANCH THRISSUR

¶20

PETITIONER/ACCUSED NO.6 & 8:

¶21

DINESH M.B. AGED 45 YEARS S/O.BALAN, MURIPARAMBIL HOUSE, PORATHISSERY VILLAGE, IRINJALAKUDA NORTH POST, THRISSUR DISTRICT, PIN – 680 125.

¶22

SUGATHAN K V, AGED 56 YEARS, S/O.VELAYUDHAN, KARATHUPARAMBIL HOUSE, MOORKKANADU P O, PIN – 680 711. BY ADV ANWIN JOHN ANTONY

¶23

RESPONDENT/COMPLAINANT:

¶24

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, THRISSUR).

¶25

BY SRI.NOUSHAD K.A (PP)

¶26

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2022, ALONG WITH Bail Appl.Nos.183/2022 & 247/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

¶28

BAIL APPL. NO. 183, 207 AND 247 OF 2022

¶29

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶30

PRESENT

¶31

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶32

THURSDAY, THE 20^TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943

¶33

BAIL APPL. NO. 247 OF 2022

¶34

CRIME NO.252/CB/TSR/D/21 OF CRIME BRANCH THRISSUR

¶35

PETITIONER/ACCUSED NO.12:

¶36

JIJO RAJ AGED 50 YEARS S/O.M.R.ANTONY, MENACHERY HOUSE, MOORKANADU, PORATHISSERY POST, THRISSUR DISTRICT, PIN - 680 711.

¶37

BY ADVS. JITHIN BABU A ARUN SAMUEL

¶38

RESPONDENTS/STATE:

¶39

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH, THRISSUR DISTRICT, PIN - 680 003. BY SRI.NOUSHAD K A (PP)

¶40

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2022, ALONG WITH Bail Appl.Nos.207/2022 & 183/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶41

¶42

BAIL APPL. NO. 183, 207 AND 247 OF 2022

¶43

ORDER

¶44

These are applications for regular bail.

¶45

Petitioners in these cases are accused Nos.5, 6, 8 and 12 respectively in Crime No.252/CB/TSR/D/21 of Crime Branch Thrissur registered under Sections 406, 420, 409, 465, 468 and 471 of the Indian Penal Code. The allegations against the petitioners in these cases is that they were Board members of the Karuvannur Service Co-operative Bank at different points of time and that they had conspired with officials of the Bank to sanction loans to fictitious persons or ineligible borrowers using security documents produced by other genuine customers of the Bank.

¶46

The learned counsel for the petitioners in these cases would submit that the petitioners in these cases were all board members of the aforesaid Bank and they have no direct role in the sanctioning of loans. It is also submitted that this Court has already granted bail to similarly placed persons, through orders in Bail Application Nos.9703 of 2021, 9889 of 2021, 9877 of 2021, 10012 of 2021, 10017 of 2021, 10004 of 2021 and 10020 of 2021. It is the submission of the learned counsel appearing for the petitioners that the petitioners in these cases are not differently placed from the petitioners, who have been granted bail by this

¶47

¶48

BAIL APPL. NO. 183, 207 AND 247 OF 2022

¶49

Court earlier. The learned counsel for the petitioners would also submit that the petitioner in Bail Application No.183 of 2022 was arrested on 25.10.2021, the petitioners in Bail Application No.207 of 2022 were arrested on 25.10.2021 and 05.11.2021 and the petitioner in Bail Application No.247 of 2022 was arrested on 05.11.2021 respectively.

¶50

I have heard the learned Public Prosecutor also. The learned Public Prosecutor, on instructions, would submit that the investigation in the matter is progressing and details of the alleged fraud committed by the accused including the petitioners is being ascertained. It is submitted that considering the fact that the petitioners have been in detention from the dates noticed above, the grant of bail to them can be considered, especially in the light of the fact that similar accused have been granted bail by this Court.

¶51

In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail subject to and imposing the same conditions in Bail Application No.10012 of 2021 and connected cases.

¶52

(i) They shall execute separate bonds each for a sum of

¶53

Rs.5,00,000/- (Rupees five lakhs only) with two solvent

¶54

¶55

BAIL APPL. NO. 183, 207 AND 247 OF 2022

¶56

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

¶57

(ii) The petitioners shall deposit a sum of Rs.2,00,000/each before the Jurisdictional Court within two weeks of their release;

¶58

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

¶59

(iv) The petitioners shall not leave the state of Kerala without prior permission of the jurisdictional court;

¶60

(v) The petitioners shall not enter into the premises of the Karuvannur service Co-operative Bank or the supermarket run by the bank and the branches, if any;

¶61

(vi) The petitioners shall surrender their original passports before the court concerned. If they are not holding a passport, they shall file an affidavit regarding the same before the court, within a week of release on bail.

¶62

(vii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person

¶63

BAIL APPL. NO. 183, 207 AND 247 OF 2022

¶64

¶65

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.

¶66

(viii) The petitioners shall not commit any offence while on bail.

¶67

Sd/- GOPINATH P. JUDGE

¶68

Dinesh M.B. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dinesh M.B. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vishnu.B Vs State of Kerala

Anilkumar Vs State of Kerala

Shameer Vs State of Kerala

Noushad A.K. Vs State of Kerala

Syed Ali Vs State of Kerala

Shaji, Vs State of Kerala