Allowed

Babu v. Vs State of Kerala

Kerala HC9 Jun 2023Bail Appl./1131/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest anticipatory bail to Babu V, a 2nd accused in a misappropriation case involving a co-operative society. The court held that since other co-accused received anticipatory bail, the petitioner should not be discriminated against, ordering him to submit to interrogation before the Investigating Officer.

What did the court decide?

Anticipatory bail granted on conditions of interrogation, bond execution, and non-interference with witnesses without leaving India.

Babu v Vs State of Kerala — Corruption | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

FRIDAY, THE 9^TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945

¶5

BAIL APPL. NO. 1131 OF 2021

¶6

BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM CRIME NO.34 OF YEAR 2021.

¶7

PETITIONER/ACCUSED:

¶8

BABU V AGED 58 YEARS, S/O.VELAYUDHAN, THOPPIL PUTHEN VEEDU, AYITHIYOOR, BALARAMAPURAM P.O., THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695501 BY ADV LATHEESH SEBASTIAN

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 DETECTIVE INSPECTOR AGED 32 YEARS CENTRAL UNIT-1, CRIME BRANCH OFFICE, INCHAKKAL, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695024 3 ADDL.R3.SHRI.SHAJIKUMAR.C.R AGED 40 YEARS CONVEONOR, ADMINISTRATIVE COMMITTEE, BALARAMAPURAM PANCHAYAT WELFARE CO-OPERATIVE SOCIETY, NO.T 1649, BALARAMAPURAM P.O., THIRUVANANTHAPURAM., PIN -695501. IS IMPLEADED AS PER THE ORDER DATED 23.3.2021 IN CRL.M.A.NO.1/2021. BY ADVS. PUBLIC PROSECUTOR K.K.DHEERENDRAKRISHNAN N.P.ASHA(K/1605/2003) PP SRI.MANU P.G

¶11

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶12

BAIL APPL. NO.1131 OF 2021

¶13

¶14

BECHU KURIAN THOMAS, J.

¶15

B.A.No.1131 of 2021

¶16

Dated this the 9^th day of June, 2023

¶17

ORDER

¶18

This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

¶19

Petitioner is the 2^nd accused in Crime No.34 of 2021 of Balaramapuram Police Station, Thiruvananthapuram District, alleging offences punishable under Sections 420, 465, and 468 read with Section 34 of the Indian Penal Code, 1860.

¶20

According to the prosecution, petitioner was the president of Balaramapuram Panchayat Residents Welfare Co-operative Society from 2016 to 2019 and had along with other accused misappropriated huge amounts by failing to account for the same in the daily register, cash book and other registers and thereby committed the offences alleged.

¶21

Sri.Latheesh Sebastian, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the 1^st accused and the 3^rd accused, who are the Secretary and the Convener of the Managing Committee have already been granted

¶22

¶23

BAIL APPL. NO.1131 OF 2021

¶24

anticipatory bail by orders of this Court in B.A No.1842/2021 and B.A No.4295/2023 and therefore the petitioner also be granted the same.

¶25

Smt.N.P Asha, learned counsel appearing for the additional 3^rd respondent – the defacto complainant opposed the grant of anticipatory bail and submitted that notwithstanding the orders of this Court in respect of 1^st and 3^rd accused, the petitioner as a president of the Society had a major role to play and therefore no parallel can be drawn with the other accused.

¶26

Sri.P.G Manu, the learned Public Prosecutor opposed the application and submitted that the allegations are serious and that in the absence of custodial interrogation, the truth of the allegations would not be able to be unraveled.

¶27

I have considered the rival contentions.

¶28

The allegations against the petitioner and the other accused are serious in nature. Though the petitioner as a president is alleged to have, along with the other accused, misappropriated an amount of Rs.2.78 crores of money, I am of the view that, since accused 1 and 3 have already been granted anticipatory bail subject to conditions, the petitioner cannot be discriminated upon.

¶29

¶30

BAIL APPL. NO.1131 OF 2021

¶31

Therefore, bearing in mind the orders of this Court, granting anticipatory bail to the 1^st and 3^rd accused, this Court of the opinion that, the petitioner should also be granted similar reliefs.

¶32

Accordingly, this application is allowed on the following conditions:

¶33

(i) Petitioner shall appear before the Investigating Officer on 21.06.2023 and 22.06.2023 from 9 A.M to 5.P.M and subject himself to interrogation.

¶34

(ii) If after interrogation, the Investigating Officer proceeds to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

¶35

(iii) Petitioner shall appear before the Investigating Officer as and when required and shall also cooperate with the investigation.

¶36

(iv) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

¶37

(v) Petitioner shall not commit any similar offences while he is on bail.

¶38

¶39

BAIL APPL. NO.1131 OF 2021

¶40

(vi) Petitioner shall not leave India without the permission of the Court having jurisdiction.

¶41

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

¶42

BECHU KURIAN THOMAS JUDGE

¶43

AP/09/06/2023

¶44

BAIL APPL. NO.1131 OF 2021

¶45

¶46

APPENDIX OF BAIL APPL. 1131/2021

¶47

PETITIONER ANNEXURES Annexure 1 FIR IN CRIME NO.34 OF 2021 OF BALARAMAPURAM POLICE STATION Annexure 2 TRUE COPY OF THE ENQUIRY REPORT Annexure 3 TRUE COPY OF THE NOTICE U/SEC 68 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. Annexure 4 TRUE COPY OF THE REPLY OF THE PETITIONER TO ANNEXURE A3.

Babu v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

Babu v. Vs 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

Anoop.G, S/O.Gangadharan, Vs the State of Kerala

Niranjan. B Vs State of Kerala

D. Anil Kumar Vs State of Kerala Represented by Its Public Prosecutor

Krishna C.G, Vs the State of Kerala

Bindhu v. S Vs State of Kerala Rep. by Public Prosecutor

Ansar Vs State of Kerala