This court disposed of an application for anticipatory bail in a case involving alleged misappropriation by a cooperative society. The judge rejected the plea, finding prima facie evidence of the petitioner's involvement and holding that custodial interrogation is necessary to unearth the true nature of transactions, thus granting no relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
BAIL APPL. NO. 3515 OF 2023
AGAINST THE ORDER/JUDGMENT IN CRMC 612/2023 DATED 29.03.2023 OF
ADDITIONAL DISTRICT COURT (ADHOC)-II, THIRUVANANTHAPURAM
PETITIONER/S:
1SHEEJAKUMARI P.,
AGED 46 YEARS
W/O MANIKANDAN K, RESIDING AT AHALYA, ALUMMODU P.O,
MAMPUZHA, KOTTAMKARA VILLAGE, KOLLAM TALUK, KOLLAM
DISTRICT, PIN - 691577
BY ADVS.
J.R.PREM NAVAZ
PREETHA RANI M.S.
SUMEEN S.
MUHAMMED SWADIQ
RESPONDENT/S:
1STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROCECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2K.VIJAYAKUMAR
S/O.KESAVA PILLAI, TC 16/1031-1, "VASANTHAM", C.S ROAD,
JAGATHY, THYCAUD P.O, [IMPLEADED AS THE 2ND RESPONDENT
PER ORDER IN CRL.MA NO.3/2023 IN B.A. NO.3515/2023
DATED 1.8.2023]
BY ADVS.
R1 BY C.S.HRITHWIK, SR.PUBLIC PROSECUTOR
R2 BY ADV. P.VIJAYAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3515 of 2023 2
ORDER
The petitioner is the 11th accused in crime No.1266 of 2022 of Vanchiyoor Police Station, which was registered for the offences punishable under sections 408,409,420,477A r/w. Section 34 of the Indian Penal Code.
B.A.No.3515 of 2023 3
to ensure proper investigation. Now the case stands re-numbered as CB-Crime No.81/CD-EOW/R2023. During the course of such investigation, further instances of misappropriation came out and it is found that, the amount misappropriated by the accused persons comes to more than Rupees two hundred crores. In connection with the aforesaid misappropriation, altogether 999 cases have been registered as on 31.7.2023 by the Vanchiyoor Police Station, in which 843 cases have been transferred to Crime Branch. Now, the offences under sections 3 r/w. 21, 3 r/w. 23 and 25 of the Banning of Unregulated Deposits Schemes Act (BUDS Act) 2019 were also incorporated. This application for Anticipatory Bail is submitted by the petitioner as she apprehends arrest in connection with the investigation of the said case.
B.A.No.3515 of 2023 4
with the aforesaid society, apart from the fact that, the petitioner had close acquaintance with the 1st accused and also had certain monetary transactions with him. The petitioner is a woman aged 46 years with two married daughters and holding high repute in the society, contends the learned counsel for the petitioner. The petitioner is ready and willing to co-operate with the investigation and shall abide any condition that may be imposed by this Court.
B.A.No.3515 of 2023 5
different impression. During the course of investigation, it was revealed that, on several occasions, amounts were deposited in the account of the petitioner herein, and to the institutions of the petitioner, by the 1st accused. The statement of the investigating officer indicates the details of the said transactions. It is also reported by the investigating officer that, the petitioner and her husband were workers in a small scale rubber industry for more than ten years and during the years 2012-2013, the petitioner availed remuneration under the MGNRE guarantee scheme. She also used to work as a house maid. However, within a short span of period, the petitioner became an affluent entrepreneur money lending institution and purchased various landed properties. It is also reported that, she is also a Director of a construction company named 'Sai Builders and Developers'. The specific case of the prosecution is that, the 1st accused channelized the amounts misappropriated by him, through the petitioner and her institution. As pointed out by the learned counsel for the 2nd respondent, this is a case involving misappropriation of huge amounts of ordinary people, and a serious investigation is to be conducted. From the materials placed on record, there are ample evidence indicating the involvement of the petitioner at least prima facie. Even though the learned counsel for the petitioner contended that the transactions between the petitioner
B.A.No.3515 of 2023 6
and the 1st accused were on account of the personal relationship and had nothing to do with the society, the same cannot be accepted as such. There are several transactions made by the petitioner or in favour of the petitioner which are apparently connected with the transactions referred to in the crime.
In such circumstances, to unearth the true nature of the transactions, the custodial interrogation of the petitioner is absolutely necessary and hence, I am of the view that, this is not a case in which anticipatory bail can be granted to the petitioner. Therefore, this application for anticipatory bail is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
B.A.No.3515 of 2023 7
APPENDIX OF BAIL APPL. 3515/2023
PETITIONER ANNEXURES
Annexure A1THE TRUE COPY OF THE FIR IN CRIME NO: 1266
OF 2022 OF VANCHIYOOR POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
Annexure A2THE TRUE COPY OF THE ORDER DATED 29.03.2023
IN CRL.M.C. NO: 612 OF 2023, PASSED BY THE
COURT OF ADDITIONAL SESSIONS JUDGE-II,
THIRUVANANTHAPURAM
RESPONDENT ANNEXURES
Annexure R2(a)TRUE COPY OF CRLMC 612/2023 FILED BEFORE
SESSIONS COURT, TRIVANDRUM
Annexure R2(b)TRUE COPY OF THE ORDER DATED 29.03.2023 IN
CRLMC 612/2023 OF ADDITIONAL SESSIONS
COURT, TRIVANDRUM
Annexure R2(c)TRUE COPY OF THE RECENT NEWS REPORT
APPEARED IN KERALA KAUMUDI DAILY DATED
08/04/2023
Annexure R2(d)TRUE COPY OF A NEWS REPORT APPEARED IN
MATHRUBHUMI DAILY DATED 07/04/2023
INDICATING THE INVOLVEMENT OF THE
PETITIONER
Annexure R2(e)TRUE COPY OF THE PHOTOGRAPH
Annexure R2(f)TRUE COPY PF THE ORDER
RESPONDENT ANNEXURES
Annexure R2(I)TRUE COPY OF THE ORDER DATED 16.05.2023
Annexure R2(II)TRUE COPY OF THE STATUS REPORT RELATED TO
THE CONNECTED CASE GENERATED FROM THE COURT
WEB SITE
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner in a case involving alleged misappropriation of over 200 crores requiring custodial interrogation.
Whether the prima facie evidence against the petitioner warrants dismissal of the anticipatory bail application.
Sheejakumari P.
State of Kerala
K.Vijayakumar
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court