Common order on multiple bail applications against a Civil Excise Officer and another accused accused of conducting a job scam in Russia. The Court held the allegations serious enough to warrant arrest and interstate for investigation.
Anticipatory bail applications dismissed; direction to arrest accused and investigate without fail.
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 A. BADHARUDEEN FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA,
1944
BAIL APPL. NO. 10179 OF 2022
FIR NO.1272/2022 OF NORTH PARAVUR POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED:
ANEESH.A.J. AGED 37 YEARS, S/O.JAMES, CIVIL EXCISE OFFICER, RESIDING AT ARAKKAPARAMBIL HOUSE, POST THATHAPPALLY-683520, NORTH PARUR, ERNAKULAM DIST., KERALA.
BY ADVS. T.ASAFALI LALIZA.T.Y.
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER, NORTH PARUR POLICE STATION, POST NORTH PARUR-683513, ERNAKULAM DIST., KERALA.
BY SMT.T V NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
20.02.2023, ALONG WITH B.A.NOS.10458/2022, 387/2023, 398/2023 AND 624/2023, THE COURT ON 24.2.2023 DELIVERED THE FOLLOWING:
B.A.Nos.10179 and 10458 of 2022 &
387, 398 and 624 of 2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
BAIL APPL. NO. 10458 OF 2022
CRIME NO.1272/2022 OF NORTH PARAVUR POLICE STATION,
ERNAKULAM
PETITIONER/S:
VISHNU M.R, AGED 28 YEARS S/O RAVI, MANAMMEL PARAMBIL, KAITHARAM P.O., N.PARAVUR, ERNAKULAM, PIN - 683519
BY ADVS. K.I.ABDUL RASHEED BHAMA G. NAIR DEEPA SASIDHARAN
RESPONDENT/STATE & COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY SRI.P G MANU, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
20.02.2023, ALONG WITH B.A.NOS.10179/2022, 387/2023, 398/2023 AND 624/2023, THE COURT ON 24.2.2023 DELIVERED THE FOLLOWING:
B.A.Nos.10179 and 10458 of 2022 &
..3..
387, 398 and 624 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
BAIL APPL. NO. 387 OF 2023
FIR NO.1277/2022 OF NORTH PARAVUR POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED :
ANEESH.A.J. AGED 37 YEARS, S/O.JAMES, CIVIL EXCISE OFFICER, ARAKKAPARAMBIL HOUSE, POST THATHAPPALLY-683520, NORTH PARUR, ERNAKULAM DIST.KEKRALA.
BY ADVS. T.ASAFALI LALIZA.T.Y.
RESPONDENT/STATE & COMPLAINANT :
BY SMT.T V NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
20.02.2023, ALONG WITH B.A.NOS.10179/2022, 10458/2022, 398/2023 AND 624/2023, THE COURT ON 24.2.2023 DELIVERED THE FOLLOWING:
..4..
B.A.Nos.10179 and 10458 of 2022 &
387, 398 and 624 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
BAIL APPL. NO. 398 OF 2023
CRIME NO.1284/2022 OF NORTH PARAVUR POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED :
ANEESH A.J. AGED 37 YEARS, S/O.JAMES, CIVIL EXCISE OFFICER, RESIDING AT ARAKKAPARAMBIL HOUSE, POST THATHAPPALLY-683520, NORTH PARUR, ERNAKULAM DISIT.KERALA.
BY ADVS. T.ASAFALI LALIZA.T.Y.
RESPONDENT/STATE & COMPLAINANT :
BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20.02.2023, ALONG WITH B.A.NOS.10179/2022, 10458/2022, 387/2023 AND 624/2023, THE COURT ON 24.2.2023 DELIVERED
THE FOLLOWING:
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
BAIL APPL. NO. 624 OF 2023
FIR NO.0900/2022 OF VARAPUZHA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED :
ANEESH A.J. AGED 37 YEARS, S/O.JAMES, CIVIL EXCISE OFFICER, RESIDING AT ARAKKAPARAMBIL HOUSE, POST THATHAPPALLY-683520, NORTH PARUR, ERNAKULAM DIST.KERALA.
BY ADVS. T.ASAFALI LALIZA.T.Y.
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER VARAPUZHA POLICE STATION, POST NORTH PARUR-683513, ERANAKULAM DISTRICT , KERALA.
BY SMT. V NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
20.02.2023, ALONG WITH B.A.NOS.10179/2022, 10458/2022,
387/2023 AND 398/2023, THE COURT ON 24.2.2023 DELIVERED THE FOLLOWING:
..6..
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
A.BADHARUDEEN, J.
B.A.Nos.10179 and 10458 of 2022 &
387, 398 and 624 of 2023
--------------------------------------------------------
Dated this the 24th day of February, 2023
COMMON ORDER
B.A.Nos.10179 of 2022, 387 of 2023 and 398 of
2023 are at the instance of the first accused in Crime Nos.1272 of 2022, 1277 of 2022 and 1284 of 2022 of North Paravur Police Station, Ernakulam. B.A.No.624 of 2023 is also one filed by the first accused in relation to the Crime No.900 of 2022 of Varappuzha Police Station, Ernakulam. The petitioner
in all these petitions are one and the same person. B.A.No.10458 of 2022 is an application for anticipatory bail filed by the second accused in Crime No.1272 of 2022 of North
Paravur Police Station, Ernakulam.
..7..
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
and the learned Public Prosecutor in detail.
..8..
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
unlawful enrichment and thereby, to cause corresponding loss to the defacto complainant and thus the defacto complainant was cheated.
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023 ..9..
residential address. Thereafter, job was not provided and the money also was not returned. On this premise, the prosecution alleges commission of offences punishable under Sections 406 and 420 of the Indian Penal Code, on the allegation that the accused herein committed breach of trust and collected money from the defacto complainant with deceitful intention to make unlawful non-payment and thereby, loss to the defacto complainant and thus the defacto complainant was cheated.
Police Station, Ernakulam, the allegation is that, on 05.01.2022, the first accused obtained Rs.1,75,000/- in his account maintained with SBI, Cheriyappilly Branch through the account of the defacto complainant at SBI, Varapuzha Branch with offer to provide employment in Russia. The further allegation is that, he also obtained Rs.9,000/- through the second accused with the same offer. Thus, the prosecution alleges commission of offences punishable under Sections 406 and 420 r/w 34 of the Indian Penal Code, on the allegation
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023 ..10..
that the accused herein committed breach of trust and collected money from the defacto complainant with deceitful intention to make unlawful non-payment and thereby, loss to the defacto complainant and thus the defacto complainant was cheated.
8. While pressing for anticipatory bail to the first
accused in the above four crimes, it is pointed out by the learned counsel for the petitioner that the petitioner is innocent and the petitioner being a responsible Officer working in the Excise department never intended either to cheat or defraud the defacto complainants. According to him, one Immanuel Xaviour and Manoj Lawerence, who are members of a racket of job scam, collected the money and misappropriated and the petitioner happened to be a middle man in the transaction and the money was misappropriated by the above said Immanuel Xaviour and Manoj Lawerence. The learned counsel for the petitioner also submitted that the petitioner is ready to be abide by any conditions as a pre-requisite for grant of anticipatory bail. He also submitted that, if he would not be
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023 ..11..
granted anticipatory bail and the same would adversely affect his carrier.
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023 ..12..
was through the account of Vishnu who is arrayed as the second accused. According to the learned Public Prosecutor, after collecting the amount, the defacto complainants were taken 17 persons to Bombay on the premise of clearing the papers in Russian Embassy and thereafter, it was informed that the job could not be secured. Accordingly, they were sent back with offer to provide job in another country but the said job, as offered, was not provided or the money also was not returned in all these cases and altogether 17 persons were cheated by the first accused. The learned Public Prosecutor also argued that the first accused, who has been working in the Excise Department as a public servant, with the aid of the second accused Vishnu, one of his relatives, looted the money.
..13..
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
learned Public Prosecutor submitted that the petitioners cannot
be released on bail for any reasons.
learned Public Prosecutor, it is crystal clear that Crime No.1272 of 2022 of North Paravur Police Station, Ernakulam is that, the first accused, who has been working as Civil Excise Officer in Ernakulam Excise Range Office, offered the job of an Electrician to the defacto complainant in 'Creative Wine Company', Russia and obtained a total sum of Rs.2,50,000/on the said offer through the account of the second accused Sri.Vishnu maintained at SBI, Cheriyappilly Branch on 23.03.2022 and from the account of the defacto complainant. Thereafter, job was not provided and also money was not returned. This is the base on which the prosecution alleges commission of offences punishable under Sections 406 and 420 r/w 34 of the Indian Penal Code in all cases except in Crime No.1277 of 2022 of North Paravur Police Station, Ernakulam.
..14..
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
Officer, who is duty bound to observe and implement law as part of his public duty, in deviation from the said responsibility, collected amounts from the respective defacto complainants with offer to provide employment in Creative Wine Company, Russia. In one case, he directly received the money and in other cases, he had received the money through the account of the second accused. So, prima facie, the transfer of money through bank account is well established and this aspect would show the bonafides of the defacto complainants and breach of trust as well as and cheating committed by the accused herein. A Government servant is having more responsibility than an ordinary man and he also is further governed by the Government Servants' Conduct Rules and the Excise Manual. So, involvement of the first accused in private affairs in derogation of his duties by itself is a misconduct warranting strict disciplinary action. That apart, in this case, prima facie, it could be discernible from the records that he had obtained huge amount of money from 17 persons and four crimes before this Court are part of the 17 instances involved. As far
..15..
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
as the contentions raised by the second accused in Crime No.1272 of 2022 is concerned, as per the bank account produced as that of the second accused he had evidently received Rs.2,50,000/- from the defacto complainant in this crime. According to the learned counsel for the second accused, the said money was transferred to Immanuel Xaviour. But the said aspect alone cannot absolve the second accused from criminal culpability. The rationale is the transfer of money by the second accused to Immanuel Xaviour may be the money due from the second accused or for some other purpose. Otherwise also the transfer of money from the account of one among the defacto complainants to the account of the second accused as could be seen from the statement of accounts produced by the second accused, supports the case of the prosecution as to his involvement in this crime. As such, receipt of money by the second accused would go to show that the second accused has active role in this deal in connivance with the first accused, prima facie. Therefore, both accused could not wriggle out from the penal
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
..16..
consequences, prima facie.
In the result, all these petitions stand dismissed, with direction to the Investigating Officer to go with investigation, after arresting and questioning the accused, in accordance with law, without fail, at the earliest.
Sd/- A.BADHARUDEEN, JUDGE
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B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
..17..
APPENDIX OF BAIL APPL. 10179/2022
PETITIONER ANNEXURES
ANNEXURE A-1 TRUE COPY OF FIR NO.1272/2022 DT.7-12-2022 OF NORTH PARUR POLICE STATION
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
..18..
APPENDIX OF BAIL APPL. 10458/2022
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF F.I.R WITH F.I STATEMENT IN CRIME NO. 1272/2022 OF NORTH PARUR POLICE STATION DATED 07-12-2022
ANNEXURE A2 THE RELEVANT PAGES OF BANK ACCOUNT OF THE PETITIONER MAINTAINED IN STATE BANK OF INDIA, CHERIAPPILLY BRANCH
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
..19..
APPENDIX OF BAIL APPL. 387/2023
PETITIONER ANNEXURES
ANNEXURE1 COPY OF FIR NO. 1277 OF 2022 DT.8-12-2022 OF NORTH PARUR, ERNAKULAM DIST. KERALA
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
..20..
APPENDIX OF BAIL APPL. 398/2023
PETITIONER ANNEXURES
ANNEXURE A-1 TRUE COPY OF THE FIR NO.1284 OF 2022 DT.10-12-2022 OF NORTH PARUR POLICE STATION,ERNAKULAM DIST.KERALA.
B.A.Nos.10179 and 10458 of 2022 & 387, 398 and 624 of 2023
..21..
APPENDIX OF BAIL APPL. 624/2023
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR NO.900 OF 2022 DT. 12-12-2022 OF VARAPUZHA POLICE STATION.
2 issues framed by the court
Whether anticipatory bail should be granted to the accused involved in multiple conspiracy to cheat cases offering fake Russian job scams.
Whether the involvement of a government servant in private cheating transactions warrants granting bail without custodial inquiry.
1 provisions across 1 enactments
Anesh A.J. (first accused)
Vishnu M.R. (second accused)
State of Kerala
A. Badhardeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
