Allowed

Saji Sam v. State of Kerala

Kerala HC11 Aug 2022Bail Appl./5990/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed two interconnected bail applications filed by Sajj Sam, accused of cheating and operating unregulated deposit schemes. The court directed his release on bail subject to stringent conditions including fine bonds, passport surrender, and restrictions on leaving the state or interfering with witnesses.

What did the court decide?

Petitioner released on bail subject to execution of bond by petitioner and two solvers, surrender of passport, non-coercion of witnesses, and restriction from leaving Kerala.

Saji Sam Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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BAIL APPL. NO. 5989 OF 2022
BAIL APPL. NO. 5990 OF 2022

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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 VIJU ABRAHAM THURSDAY, THE 11^TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944

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BAIL APPL. NO. 5989 OF 2022

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(CRIME NO.551/2022 OF PATHANAMTHITTA POLICE STATION,
PATHANAMTHITTA DISTRICT)

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PETITIONER/ACCUSED:

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SAJI SAM, AGED 56 YEARS
THARAYIL GARDENS, OMALLOOR P.O.
PATHANAMTHITTA DISTRICT, PIN – 689647.

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BY ADV C.S.MANU

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RESPONDENT/S:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682031.

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PP SMT.NIMA JACOB

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.08.2022, ALONG WITH Bail Appl..5990/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5989 OF 2022
BAIL APPL. NO. 5990 OF 2022

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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 VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944
BAIL APPL. NO. 5990 OF 2022

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(CRIME NO.602/2022 OF PATHANAMTHITTA POLICE STATION,
PATHANAMTHITTA DISTRICT)

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PETITIONER/ACCUSED:

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SAJI SAM, AGED 56 YEARS
S/O.THE LATE T.V.SAMUEL,
THARAYIL GARDENS, OMALLOOR P.O.
PATHANAMTHITTA DISTRICT, PIN – 689647.

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BY ADV C.S.MANU

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RESPONDENT/S:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM PIN – 682031.

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PP SMT.NIMA JACOB

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.08.2022, ALONG WITH Bail Appl..5989/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5989 OF 2022
BAIL APPL. NO. 5990 OF 2022

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VIJU ABRAHAM, J

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BA Nos.5989 & 5990 of 2022

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Dated this the 11th day of August, 2022

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O R D E R

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These applications for regular bail.

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In BA No.5989/2022 & BA No.5990/2022, the

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petitioner is the accused No.1 in Crime No. 551 of 2022 & Crime No.602 of 2022 of Pathanamthitta Police Station, Pathanamthitta District, alleging commission of offences punishable under Sections 406, 420 and 409 of Indian Penal Code and under Sections 21 and 23 of Banning of Unregulated Deposit Schemes Act ,2019.

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In both cases, the prosecution allegation is that, the petitioner with the intention of making unlawful gain for himself and for causing unlawful loss to the de-facto complainants accepted fixed deposits from them promising them to pay interest at the rate of 12% for the Fixed Deposits and that the money would be safe and that the same can be

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BAIL APPL. NO. 5989 OF 2022
BAIL APPL. NO. 5990 OF 2022

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refunded as and when requested for and thereafter did not refund the said amount despite the request made by them and thereby the accused committed the aforesaid offences.

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Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime. Learned counsel further submitted that the petitioner was paying interest for the deposits regularly right from next month of the deposit and there was no willful default on the part of the petitioner in refunding the fixed deposits and further submitted that the petitioner will be able to refund the money within the reasonable time. Learned counsel further submitted that there was no dishonest intention on his part at the time of entering into the transaction with the defacto complainant. The petitioner was initially arrested on 16.06.2021 in Crime No.713 of 2021 of Pathanamthitta Police Station and was remanded in judicial custody since then. After that, the police conducted search in the head office as well as branch office of his business concern and also his residence and all the

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BAIL APPL. NO. 5989 OF 2022
BAIL APPL. NO. 5990 OF 2022

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documents and computer hardwares, etc kept in the office have

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been already seized by the police. The petitioner has been interrogated by the investigating officer in police custody. Therefore, further detention of the petitioner is not required for the purpose of investigation.

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Heard the learned Public Prosecutor also.

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Learned Public Prosecutor opposed the application

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for bail mainly contending that several cases have been registered against the petitioner. Petitioner submitted that he has been granted bail in almost all other cases.

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Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 21.07.2022 onwards and that

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he has been granted bail in almost all other cases, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail applications are allowed. It is directed that the petitioner shall be released on bail in both cases, subject to the following conditions:

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BAIL APPL. NO. 5989 OF 2022
BAIL APPL. NO. 5990 OF 2022

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(i) In both cases, the petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees twenty five only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

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(ii) Petitioner shall appear before the investigating officer in Crime No. 551 of 2022 & 602 of 2022 of Pathanamthitta Police Station, Pathanamthitta District as and when required.

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(iii) The petitioner shall not intimidate or attempt to interfere the witnesses; nor shall tamper with the evidence.

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

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(v) The petitioner shall surrender the passport before the jurisdictional court. If

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BAIL APPL. NO. 5989 OF 2022
BAIL APPL. NO. 5990 OF 2022

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the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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(vi) The petitioner shall not leave State of

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Kerala without intimating the Investigating Office.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 551 of 2022 & 602 of 2022 of Pathanamthitta Police Station, Pathanamthitta District. may file an application before the jurisdictional court, for cancellation of bail.

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sd/-

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VIJU ABRAHAM, JUDGE

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R.AV

Saji Sam v. State of Kerala

Case brief

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Saji Sam v. State of Kerala

Case brief

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