Remanded

Remany K v. State of Kerala

Kerala HC16 Oct 2023Bail Appl./2747/2023

Case brief

AI extract

What is this about?

The court refused anticipatory bail to an elderly woman accused of financial fraud, forgery, and criminal conspiracy. The judgment held she was not entitled to bail but granted direction for her arrest and immediate production before a magistrate for further consideration.

What did the court decide?

Anticipatory bail denied; petitioner directed to surrender within 10 days and be produced before magistrate immediately upon arrest for consideration of bail on merits.

Remany K Vs State of Kerala — Cheating and Forgery | Kerala HC (2023)

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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 GOPINATH P.

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MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

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BAIL APPL. NO. 2747 OF 2023

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CRIME NO.452/2023 OF CHADAYAMANGALAM POLICE STATION, KOLLAM

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PETITIONER/ACCUSED NO.1:

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REMANY K
AGED 57 YEARS, W/O MOHANAN NAIR,
OLIKKAVIL VEEDU, POONKODU, CHADAYAMANGALAM,
KOLLAM DISTRICT., PIN – 691 534.

¶9

BY ADVS.

¶10

 K.V.ANIL KUMAR
 SWAPNA VIJAYAN
 RADHIKA S.ANIL

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RESPONDENT/COMPLAINANT :

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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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BY ADV. SRI NOUSHAD K.A. (SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH Bail Appl..4623/2023, 4634/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

B.A.Nos.2747 of 2023 & Conn. cases

¶16

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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 GOPINATH P.

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MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
BAIL APPL. NO. 4623 OF 2023

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CRIME NO.637/2023 OF CHADAYAMANGALAM POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.2:

¶22

REMANY K,
AGED 57 YEARS, W/O MOHANAN NAIR,
OLIKKAVIL VEEDU, POONKODU, CHADAYAMANGALAM,
KOLLAM DISTRICT, PIN – 691 534.

¶23

BY ADVS.

¶24

 K.V.ANIL KUMAR
 SWAPNA VIJAYAN
 RADHIKA S.ANIL

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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2 ADDL.R2 VEENA GIRISH, D/O GOPALAKRISHNAN NAIR, KUTTUPURAM, NELLADIPPARA, PULIMATHE, THIRUVANANTHAPURAM DISTIRCT IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED 04/08/2023 IN CRL.M.A.NO.1/2023 IN B.A.NO.4623/2023

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BY ADV.VIPIN NARAYAN (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH Bail Appl..2747/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶30

B.A.Nos.2747 of 2023 & Conn. cases

¶31

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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 GOPINATH P.

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MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
BAIL APPL. NO. 4634 OF 2023

¶36

CRIME NO.638/2023 OF CHADAYAMANGALAM POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.1:

¶37

REMANY K,
AGED 57 YEARS, W/O MOHANAN NAIR,
OLIKKAVIL VEEDU, POONKODU, CHADAYAMANGALAM,
KOLLAM DISTRICT, PIN – 691 534.

¶38

BY ADVS.

¶39

 K.V.ANIL KUMAR
 SWAPNA VIJAYAN
 RADHIKA S.ANIL

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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2ADDL.R2 SABU VARGHESE,
S/O VARGHESE, AREA MANAGER, FARGOW FINANCE &
INVEST (P) LTD. FIRST FLOOR, CITY GATE BUILDING,
KURAKANCHERI, THRISSUR IS IMPLEADED AS ADDL.R2 AS
PER ORDER DATED 04/08/2023 IN CRL.M.A.NO.1/2023 IN
B.A.NO.4634/2023.

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BY ADV. G.SUDHEER (PP)

¶44

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH Bail Appl..2747/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶45

B.A.Nos.2747 of 2023 & Conn. cases

¶46

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Bail Appl. Nos. 2747, 4623 and 4634 of 2023

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ORDER

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These are applications for anticipatory bail.

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The petitioner is common in these cases. She is accused in Crime No.452/2023 of Chadayamangalam Police Station, Kollam district alleging commission of offences under Sections 406, 420 r/w Section 34 of the Indian Penal Code, in Crime No.637/2023 of Chadayamangalam Police Station, alleging commission of offences under Sections 120 B, 420, 463, 464, 465, 470 & 471 r/w Section 34 of the Indian Penal Code and in Crime No.638/2023 of Chadayamangalam Police Station alleging commission of offences under Sections 408, 417, 420, 467, 468, 472 & 120 B r/w Section 34 of the Indian Penal Code.

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The petitioner is an employee of a company known as MCK Nidi Ltd./Fargow Finance & Invest (P) Ltd. The allegation against the petitioner is that while working as the Manager of the Ayur Branch of the aforesaid company, the petitioner along with the other accused had committed fraud and had deceived the

¶52

B.A.Nos.2747 of 2023 & Conn. cases

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respective defacto complainants for huge sums of money.

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I had granted bail to the Managing Director and other Senior officers of the aforesaid company by order dated 12-102023 in B.A.No.5592/2023, considering the contention taken in that bail application that the audit wing of the company had detected several fraudulent activities at the Ayur Branch of the company and action had been initiated against the employees in question including the filing of criminal cases against them. The petitioner is one of the employees in question and was working as the Manager of the Branch in question. It is the definite case of the prosecution that a huge sum of money (Rs.1,07,40,000/-) had been received in the personal account of the petitioner. It is also alleged against the petitioner that receipts had been issued using forged seal of the company. The allegations against the petitioner being as above, I am of the view that the petitioner is clearly not entitled to anticipatory bail. However, considering the fact that the petitioner is a woman, aged 57 years, I direct that if the petitioner surrenders before the investigating officer in Crime Nos.452/2023, 637/2023 and 638/2023 of Chadayamangalam Police Station, Kollam district, within a period of ten days from today and if the arrest of the petitioner is recorded in all or any of the cases registered against her, the

¶56

B.A.Nos.2747 of 2023 & Conn. cases

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petitioner shall be produced before the jurisdictional magistrate on the same day and any bail application filed by her shall be considered by the jurisdictional magistrate on merits without undue delay

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Sd/GOPINATH P. JUDGE

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ats

Remany K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Remany K v. State of Kerala

Case brief

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What did the court decide?

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