Dismissed

Sophyamma Thomas, v. State of Kerala

Kerala HC14 Nov 2023Bail Appl./4060/2023

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed five anticipatory bail applications filed by director board members and staff of BSNL Engineers Cooperative Society accused of siphoning off over 44 crores in fixed deposits. The court held that economic offences require a different approach in bail matters and that custodial interrogation is necessary for meaningful investigation.

What the court decided

AI extract

Sophyamma Thomas, Vs State of Kerala — Cheating and Forgery | Kerala HC (2023)

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945 BAIL APPL. NO. 4060 OF 2023

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CRIME NO.1266/2022 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/4TH ACCUSED:

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SOPHYAMMA THOMAS, AGED 58 YEARS W/O. SHAMERCE PHILIP, AGED 58 YEARS, RESIDING AT ERUPPAKKATTU, C-46, ELANGATH NAGAR, VALIYAVILA, THIRUVANANTHAPURAM, PIN - 695006

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BY ADVS. GEORGE MATHEW V.S.VINEETH KUMAR M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S.

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RESPONDENT/COMPLAINANT & STATE:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE DEPUTY SUPERINTENDANT OF POLICE, CB-EOW, THIRUVANANTHAPURAM UNIT, - 695 010, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 695010

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3 THE STATION HOUSE OFFICER,

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 017, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 695017 *4 JAYA PREMAN, W/O. V.PREMAN, TC 10/111(4), SIVADAM, SNRA-124 B, PERURKADA P.O., ( IS IMPLEADED AS ADDL. R4 AS PER ORDER DATED 1/6/2023 IN CRL.MA. 2/2023). *5 N.K.SARAMMA, W/O.LATE K.P.MATHAI, AGED 80 YEARS, RESIDING AT TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM ( IS IMPLEADED AS ADDL. R5 AS PER ORDER DATED 14.11.2023 IN CRL.MA. 4/2023). *6 BINU MATHEW, S/O.N.K.SARAMMA, TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM ( IS IMPLEADED AS ADDL. R6 AS PER ORDER DATED 14.11.2023 IN CRL.MA. 4/2023). BY ADVS. P.VIJAYAKUMAR SUMAN CHAKRAVARTHY ADDL.DIRECTOR GENERAL OF PROSECUTION ADDL. STATE PUBLIC PROSECUTOR C.R.REGHUNATHAN R.BALAKRISHNAN B.HARRYLAL K.R.RIJA AMJATH A.R SRI.C.K.SURESH, SPL. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.10.2023, ALONG WITH Bail Appl..8130/2023, 8138/2023 AND CONNECTED CASES, THE COURT ON 14.11.2023 DELIVERED THE FOLLOWING:

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945

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BAIL APPL. NO. 8130 OF 2023

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CRIME NO.1266/2022 OF VANCHIYOOR POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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K.MANOJ KRISHNAN, AGED 52 YEARS

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S/O KRISHNAN, SAI PRABHA, HSLRA-29, KUMARAPURAM MEDICAL COLLEGE P.O.,

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THIRUVANANTHAPURAM, WORKING AS DIVISIONAL ENGINEER CNTX-SOUTH, BANGALORE, PIN - 695011

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BY ADVS. JIBU P THOMAS ARCHANA SURESH KULATHUR S.V. PREMAKUMARAN NAIR

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RESPONDENTS/COMPLAINANAT & STATE :

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE DEPUTY SUPERINTENDANT OF POLICE, CB-EOW, THIRUVANANTHAPURAM UNIT-695010, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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3 THE STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION,

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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THIRUVANANTHAPURAM-THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA., PIN - 695017 *4 N.K.SARAMMA W/O.LATE K.P.MATHAI, AGED 80 YEARS, RESIDING AT TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS R4 AS PER ORDER DTD 29/9/23 IN CRL MA 1/23) *5 BINU MATHEW , S/O.N.K.SARAMMA, TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS R5 AS PER ORDER DTD 29/9/23 IN CRL MA 1/23) *6 UMASANKAR M.N ( SOUGHT TO BE IMPLEADED ) TC 41/2657, SRA 111, ANJALI GARDENS, MANACAUD P.O. (IS IMPLEADED AS R6 AS PER ORDER DTD 14.11.23 IN CRL MA 2/23) BY ADVS. ADVOCATE GENERAL OFFICE KERALA SUMAN CHAKRAVARTHY P.VIJAYAKUMAR C.R.REGHUNATHAN M.V.ASHIM B.HARRYLAL ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28) K.R.RIJA AMJATH A.R BREJITHA UNNIKRISHNAN SRI.C.K.SURESH, SPL.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.10.2023, ALONG WITH Bail Appl..4060/2023 AND CONNECTED CASES, THE COURT ON 14.11.2023 DELIVERED THE FOLLOWING:

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945

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BAIL APPL. NO. 8138 OF 2023

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CRIME NO.81/CB/EOW/TVM/R/2023 OF CRIME BRANCH,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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ANILKUMAR K.A,AGED 53 YEARS S/O. LATE AIYAPPAN, KIZHAKKEKKARA VEEDU, KOORAMMPALA NORTH, PANDALAM P.O., PATHANAMTHITTA, PIN - 689501

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BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENT/COMPLAINANT & STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 THE DEPUTY SUPERINTENDENT OF POLICE CB-EOW, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH-ECONOMIC OFFENCES WING, THIRUVANANTHAPURAM UNIT, PETTA, THIRUVANANTHAPURAM, PIN - 695024

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3 THE SATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM, PIN - 682031

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*4 N.K.SARAMMA

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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W/O.LATE K.P.MATHAI, AGED 80 YEARS, RESIDING AT TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS ADDL.R4 AS PER ORDER DTD 14.11.23 IN CRL MA 2/23) *5 BINU MATHEW S/O.N.K.SARAMMA, TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS ADDL.R5 AS PER ORDER DTD 14.11.23 IN CRL MA 2/23) *6 UMASANKAR M.N UMASANKAR M.N, TC 41/2657, SRA 111, ANJALI GARDENS, MANACAUD P.O (IS IMPLEADED AS ADDL.R6 AS PER ORDER DTD 14.11.23 IN CRL MA 3/23) BY ADVS. ADVOCATE GENERAL OFFICE KERALA SUMAN CHAKRAVARTHY P.VIJAYAKUMAR ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28) K.R.RIJA AMJATH A.R BREJITHA UNNIKRISHNAN B.HARRYLAL C.R.REGHUNATHAN M.V.ASHIM SRI.C.K.SURESH, SPL.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.10.2023, ALONG WITH Bail Appl..4060/2023 AND CONNECTED CASES, THE COURT ON 14.11.2023 DELIVERED THE FOLLOWING:

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945

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BAIL APPL. NO. 8175 OF 2023

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CRIME NO.1266/2022 OF VANCHIYOOR POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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PRASAD RAJ, AGED 44 YEARS S/O. G. RAJAPPAN, PRARDHANA, TC95/1899(1), AMRITHA SANKAR LANE, KUMARAPURAM, MEDICAL COLLEGE P.O., THRIUVANANTHAPURAM, PIN - 695011

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BY ADVS. M.R.NANDAKUMAR MAYIKA SUNDAR ARJUN ANIL ASIN V.S.

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RESPONDENT/COMPLAINANT & STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 THE DEPUTY SUPERINTENDENT OF POLICE CB - EOW THIRUVANANTHAPURAM UNIT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN, PIN - 682031

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3 THE STATION HOUSE OFFICER VANCHIYOOR POLICE STATION. THIRUVANANTHAPURAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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ERNAKULAM, PIN, PIN - 682031 *4 N.K.SARAMMA, W/O.LATE K.P.MATHAI, AGED 80 YEARS, RESIDING AT TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS ADDL. R4 AS PER ORDER DATED 29/9/2023 IN CRL.MA.1/2023.) *5 BINU MATHEW , S/O.N.K.SARAMMA, TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS R5 AS PER ORDER DATED 29/9/2023 IN CRL.MA. 1/2023.) *6 UMASANKAR M.N S/O. NARAYANAMOORTHY, RESIDING AT TC 41/2657, SRA 111, ANJALI GARDENS, MANACAUD P.O., (IS IMPLEADED AS ADDL.R6 AS PER ORDER DTD 14.11.23 IN CRL MA 2/23) BY ADVS. ADVOCATE GENERAL OFFICE KERALA SUMAN CHAKRAVARTHY P.VIJAYAKUMAR ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28) C.R.REGHUNATHAN M.V.ASHIM B.HARRYLAL K.R.RIJA AMJATH A.R BREJITHA UNNIKRISHNAN SRI.SURESH.C.K., SPL.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.10.2023, ALONG WITH Bail Appl..4060/2023 AND CONNECTED CASES, THE COURT ON 14.11.2023 DELIVERED THE FOLLOWING:

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945 BAIL APPL. NO. 7515 OF 2023

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CRIME NO.1266/2022 OF VANCHIYOOR POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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MINIMOLE I, AGED 54 YEARS W/O. M. PRADEEPKUMAR, RESIDING AT INDEEVARAM', GRAM-C 84, CHERUVALLI LANE, SREEKARIYAM P.O., THIRUVANANTHAPURAM, PIN - 695017

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BY ADVS. GEORGE MATHEW V.S.VINEETH KUMAR M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI MEDHA B.S.

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RESPONDENT/ COMPLAINANT & STATE :

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1 STATE OF KERALA,

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE DEPUTY SUPERINTENDENT OF POLICE, CB-EOW, THIRUVANANTHAPURAM UNIT , THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 3 THE STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT,

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 *4 SURENDRAN NAIR K, S/O. KRISHNA PILLAI R. TC 36/373, CHEMPAKA HOUSE, MANAVA NAGAR, PALKULANGARA (IS IMPLEADED AS PER ORDER DATED 15-9-23 IN CRL MA 2/23) *5 N.K.SARAMMA W/O.LATE K.P.MATHAI, AGED 80 YEARS, RESIDING AT TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS ADDL.R5 PER ORDER DATED 14.11.2023 IN CRL MA 3/23) *6 BINU MATHEW S/O.N.K.SARAMMA, TC 4/344, ARA-94, AMBALA NAGAR ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM (IS IMPLEADED AS ADDL. R6 PER ORDER DATED 14.11.2023 IN CRL MA 3/23) BY ADVS. P.VIJAYAKUMAR SUMAN CHAKRAVARTHY ADDL.DIRECTOR GENERAL OF PROSECUTION C.R.REGHUNATHAN B.HARRYLAL K.R.RIJA AMJATH A.R BREJITHA UNNIKRISHNAN SRI.C.K.SURESH, SPL.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.10.2023, ALONG WITH Bail Appl..4060/2023 AND CONNECTED CASES, THE COURT ON 14.11.2023 DELIVERED THE FOLLOWING:

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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MOHAMMED NIAS C.P.J

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..................................................

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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...........................................

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Dated this the 14^th day of November, 2023

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ORDER

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Apprehending arrest in Crime No. 1266/2022 of Vanchiyoor police station, Thiruvananthapuram City, registered for offences punishable under Sections 409 and 420 r/w Section 34 of IPC, BA No.4060/2023 is filed by the 4th accused, BA No.8175/2023 is filed by the 7th accused, BA No.8130/2023 is filed by the 8th accused, BA No.8138/2023 and BA No.7515/2023 is filed by the 10th accused, seeking pre-arrest bail.

¶107

The prosecution allegation is that the accused persons, who are the Director Board members and staff of BSNL Engineers Cooperative Society Ltd. T 950 (hereinafter referred to as `Society' for convenience), had received fixed deposits from the depositors and siphoned off an amount of Rs.44,14,37,950/- (Rupees Forty-four crores fourteen lakhs thirty-seven thousand ninety hundred and fifty only) in

¶108

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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between 01.06.2019 to 16.06.2020 by maintaining parallel registers and, by issuing forged fixed deposit receipts.

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Learned counsel for the petitioner in BA No.4060/2023 Sri. George Mathew submits that his client has already retired from service and that he had no role in any of the offences alleged, though he was a Board Member of the society. He also argues that Annexure A2 was a complaint made by the Board members, including him and that he and his family have also lost their deposits, which forced them to file the complaint. He argues that the Secretary and the President of the Society were handling all affairs and they must be held responsible, and since his client does not have any active involvement, his request for anticipatory bail may be allowed. He also submits that he had already undergone interrogation based on the orders of this Court, and no custodial interrogation is required.

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Learned counsel for A7 in BA No.8175/2023, Sri. M.R. Nandakumar, apart from reiterating the above contentions, urged that his client had retired in 2022 and had not participated in any board meeting. On 12.11.2022, he participated in the meeting only to tender his resignation. A.R. Gopinathan and R. Rajeev, President and

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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Secretary, are responsible for the alleged misappropriation and prayed for allowing his application.

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Learned counsel for A8 in BA No.8130/2023 Sri. Jibu P Thomas submits that though he was a governing body member, there was no role attributed to him, and it was A.R. Gopinathan and R. Rajeev who were responsible for the state of affairs.

¶117

Learned counsel appearing for A9 in BA No.8138/2023 Sri.Kishore.D would submit that while he was working as a Deputy General Manager and was included in the Board of Governors. He submits that as per Section 28 of the Kerala Co-operative Societies Act, there was a reservation provided for being included in the board of governors, and accordingly, from 2014 onwards, he has been a governing body member. The function of members is governed by Rule 47 of the Kerala Co-operative Societies Act and Rules, and the custody of the accounts and maintenance of the cash are all be done by the paid secretary, under the control of the President; there is no responsibility cast on him as per the statute. He also argues that as per the bye-laws, it is the Secretary who is in charge of the administration, and the management of the funds is with the treasurer since the administration of all assets and the duties are divided

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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between the president, secretary and treasurer, the petitioner is not responsible for the day-to-day management as they attending the meeting only once in six months as the nominated member. It is also his argument that Section 409 IPC will not apply as he does not belong to any of the classes of persons mentioned in the said section. Under such circumstances, the maximum punishment, even assuming the offences are committed, is less than seven years. Going by the principles in Arnesh Kumar v. State of Bihar and another [2014 (3) KHC 69], there is no requirement for an arrest. It is also his argument that the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act) has no application because it is a regulated deposit scheme, and Sections 3 and 5 will apply only if it is an unregulated scheme and in the absence of a contention that the scheme in question is an unregulated scheme, Section 3, 5 and 21 of the said Act will not apply. He also cited the decisions in Md. Asfak Alam v. State of Jharkhand (2023 KHC 6749) and Teesta Atul Setalvad v. State of Gujarat (2023 KHC 6724).

¶121

Sri. Vijayakumar learned Counsel appearing for a depositor who got impleaded and who opposed the bail application on behalf of the depositors submitted that wholesale cheating was done and more than 268 crores were siphoned. He also pointed out that loans were

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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issued in the name of fictitious persons, and those amounts were siphoned, as seen from the annexures. He also argues that the governing body members are all Group A officers; they cannot shirk the responsibility cast on them. Under Section 25 of the BUDS Act, all responsible for the administration are liable. He also argues that the anticipatory bail application filed by the similarly situated director was already dismissed by Annexure R4(d) order. At that stage, there was no charge under the BUDS Act, and even in the absence of a charge under the BUDS Act, the request for anticipatory bail was rejected at present since the charge under the Act is also incorporated, the petitioners cannot be granted anticipatory bail at all. He also argues that given the amount of misappropriation and the fact that the responsibility of the petitioners is statutorily fixed, for a proper investigation, custodial interrogation is highly required and prayed for dismissal of the applications seeking anticipatory bail in parity with Annexure R4(d) order. He has also brought to my notice the decision in Rajeev. A.R. v. State of Kerala [2023 (2) KHC 620]

¶125

Learned counsel Sri. Suman Chakravarthy also appeared for the depositors apart from adopting the arguments made by the Sri. Vijayakumar submitted that since the volume of misappropriation is huge, the role of the petitioners being prima facie established, grant of

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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anticipatory bail will certainly affect the investigation. He also argues that going by Section 47 of the Kerala Co-operative Societies Act, in the instant case, the governing committee was responsible for all the actions, and the director board was the face of the society. Innocent persons in service and retired have made the deposit seeing the members of the Board, which is the face of the society. He also cites the judgment in Sudhir v. State of Maharashtra and another (2015 KHC 4567), Chidambaram P. v. Directorate of Enforcement (2019 KHC 6886), Jagan Mohan Reddy Y.S. v. Central Bureau of Investigation (2013 KHC 4402) and Himanshu Chandravadan Desai and others v. State of Gujarat [2006(2) SCC (Cri) 143] to say that in such cases anticipatory bail may be refused. He also relied on Rule 38 of the Co-operative Societies Act and Rules to say that the alleged resignation of the board members is not as per the statute and, therefore, has no effect. Since the board decisions are taken, all, including the present and secretary, are responsible as it is a joint act. He also argued that the custodial interrogation is necessary to unearth the funds to find out where the funds are parked.

¶129

Learned Senior Public Prosecutor Sri Suresh, who opposed the bail applications apart from reiterating the contentions taken by other counsel opposing the bail application, submitted that Annexure

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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A2 complaint was submitted by the petitioner in BA No.4060/2023 anticipating action after a surprise inspection conducted on 11.11.2022. He also argued that some deposit receipts were recovered from the accused's house. The role of the petitioners is evident, and custodial interrogation is necessary for a proper investigation.

¶133

In the decisions cited above, in Rajeev A.R. (supra) arising from the same crime with similar allegations, it was held that in a case involving the misappropriation of huge amounts, if the petitioners are released on anticipatory bail, the same will infringe the opportunity of the Investigating Officer to have actual custodial interrogation to effectuate meaningful investigation and effective prosecution to find out the details of misappropriation, including the details of the diversion of the amount involved, and the same would not only hamper the investigation but also would destroy the investigation. It was held in Sudhir (supra) that while considering the prayer for the grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation, and there should be prevention of harassment, humiliation and unjustified detention of the accused. In Chidambaram P. (supra), it is held that the grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

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interrogating the accused and in collecting useful information and materials that might have been concealed. Success in such interrogation would elude if the accused knew that an order of the court protected him. Grant of anticipatory bail, particularly in economic offences, would definitely hamper the effective investigation.

¶137

In Himanshu Chandradevan Desai and others, it was held that the crime in which the petitioners therein are involved was very serious, involving a conspiracy to cheat and defraud public institutions in a systematic manner, and the punishment is likely to be severe in the event of the conviction. The High Court has recorded a finding that the material shows that the petitioners are prima facie involved in the offence. In Jagan Mohan Reddy Y.S. (supra), it is held that economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep-rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the country's economy as a whole and thereby posing a serious threat to the country's financial health. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment that conviction will entail, the character of the accused,

¶138

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶140

circumstances that are peculiar to the accused, the reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. In Teesta Atul Setalvad (supra), it is held that the factors which are required to be taken into consideration at the stage of grant of bail are (I) prima facie case, (ii) the possibility of the accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of the accused fleeing away from the hands of justice. No doubt, the gravity and the seriousness of the offence is yet another factor that has to be taken into consideration.

¶141

Having considered the rival contentions in the above backdrop, a few things deserve notice. The liability and responsibility for the actions of the board cannot be fastened only on the president and secretary, and the same is clear from the provisions of the Kerala Co-operative Societies Act and Rules, in particular, Sections 38 and 47 of the Kerala Co-operative Societies Act. It is to be noticed that the amount allegedly misappropriated is huge; the depositors are mostly the lower class employees of the BSNL and retired employees who made the deposit, probably seeing the members of the director board, which contained the group A officers, their life savings were deposited

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BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶144

to be withdrawn when there is a requirement for money. Which all accused had taken the money and where the money is parked are all matters to be found out only on a proper investigation, the dismissal of the request for anticipatory bail as evident from Annexure R4(d), even in the absence of an allegation under the BUDS Act at that point of time, in the same crime with similar allegations by a detailed order of this Court considering the principles of law as stated in the above decisions referred to above. Considering the provisions of the BUDS Act and Annexure R4(c) order dated 19/5/2023 of the competent authority and the Secretary to Government under Section 7(3) of the BUDS Act 2019, I am not inclined to accept the contention of Sri. Kishore D about the inapplicability of the BUDS Act.

¶145

It is trite that an economic offence committed with much planning and deliberate design seriously threatens the nation's economy and financial integrity. The interrogation of the accused is necessary to unearth the laundering and trail of money. The success of interrogation will be hindered if the accused knows that he is protected by a pre-arrest bail in cases where there are serious allegations of the funds moving to other sources to conceal the origin. Under such circumstances, the economic offence as held by the Supreme Court constitutes a class apart and needs to be visited with a

¶146

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶147

different approach in the matter of bail. In the wake of serious allegations of defrauding public institutions also the volume of misappropriation alleged, striking the balance between two factors, namely that no prejudice should be caused to a free, fair and fruitful investigation on one hand and prevention of harassment and unjustified detention of the accused on the other hand, I am of the definite view that anticipatory bail, cannot be granted in these cases.

¶148

Accordingly the bail applications are dismissed.

¶149

Sd/-

¶150

MOHAMMED NIAS C.P.

¶151

JUDGE

¶152

dlk 2.11.2023

¶153

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶154

¶155

APPENDIX OF BAIL APPL. 7515/2023

¶156

PETITIONER'S ANNEXURES

¶157

Annexure A1 TRUE COPY OF LIST OF DEPOSITS ALONG WITH DETAILS OF REMITTANCE ISSUED FROM BSNL ENGINEERS' CO-OPERATIVE SOCIETY LTD. NO. 950 Annexure A2 TRUE COPY OF AFFIDAVIT DTD. 21.08.2023 SWORN TO BY PETITIONER BEFORE THE LEARNED SESSIONS COURT, THIRUVANANTHAPURAM Annexure A3 TRUE COPY OF PETITION DTD. 20.11.2022 SUBMITTED TO REGISTRAR OF CO-OPERATIVE SOCIETIES Annexure A4 TRUE COPY OF COMPLAINT DTD. 08.02.2023 SUBMITTED TO STATE POLICE CHIEF Annexure A5 TRUE COPY OF ORDER DTD. 01.03. 2023 IN CRL. M.C NO. 341 OF 2023 OF THE VI ADDL. SESSIONS JUDGES' COURT, THIRUVANANTHAPURAM Annexure A6 TRUE COPY OF NOTICE DTD.04.08.2023 ISSUED BY 2ND RESPONDENT U/S 41(A) OF THE CODE Annexure A7 TRUE COPY OF ORDER DTD. 22.08.2023 IN CRL. M.C NO. 2147 OF 2023 OF THE VI ADDL. SESSIONS JUDGES' COURT, THIRUVANANTHAPURAM

¶158

RESPONDENT'S ANNEXURES

¶159

Annexure R4(a) TRUE COPY OF THE ORIGINAL FIR FILED BY VANCHIYOOR POLICE STATION IN CRIME 1266/2022, ON THE COMPLAINT BY CO-OPERATIVE REGISTRAR Annexure R4(b) TRUE COPY OF THE ORDER DATED 01/03/2023 IN CRL MC 341/2023 OF ADDITIONAL SESSIONS COURT, TRIVANDRUM

¶160

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶161

¶162

Annexure R4(c) TRUE COPY OF THE RELEVANT GOVERNMENT ORDER DATED 19.05.2023

¶163

Annexure R4(d) TRUE COPY OF THIS HONOURABLE COURT VIDE A COMMON ORDER DATED 01.03.2023 IN B A 1131/2023, B A 1035/2023&B A 1146/2023, DISMISSED SIMILAR ANTICIPATORY BAIL APPLICATIONS FILED BY ACCUSED 1, 3 & 5

¶164

Annexure R4(e) TRUE COPY OF THE MINUTES OF THE DIRECTOR BOARD OF THE SOCIETY HELD ON 20/04/2019

¶165

Annexure R4(f) TRUE COPY OF THE AFFIDAVIT SWORN TO BY ONE DEPOSITOR SMT. MINNOO BABU WHO WAS SHOWN AS LOANEE Annexure R4(g) TRUE COPY OF THE COMPLAINT GIVEN BY SMT.MINNOO BABU BEFORE THE INVESTIGATING OFFICER DEPUTED BY REGISTRAR OF CO-OPERATIVE SOCIETIES

¶166

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶167

¶168

APPENDIX OF BAIL APPL. 8130/2023

¶169

PETITIONER'S ANNEXURES

¶170

Annexure-A1 TRUE COPY OF THE ORDER DATED 01.03.2023 IN CRL.M.C.NO. 341/2023 OF ADDITIONAL SESSIONS COURT-VI, THIRUVANANTHAPURAM Annexure-A2 TRUE COPY OF THE PETITION DATED 20.11.2022 SUBMITTED TO REGISTRAR OF CO-OPERATIVE SOCIETIES Annexure-A3 TRUE COPY OF THE PETITION DATED 30.12.2022 SUBMITTED TO CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM Annexure-A4 TRUE COPY OF THE NOTICE DATED 11.09.2023 ISSUED BY THE 2ND RESPONDENT U/S 41 (A) OF THE CODE OF THE CRIMINAL PROCEDURE Annexure-A5 TRUE COPY OF THE INTERIM ORDER IN B.A.NO. 7515/2023 DATED 25.08.2023

¶171

RESPONDENTS ANNEXURES

¶172

¶173

Annexure R4(c) TRUE COPY OF THE ORDER DATED 01/03/2023 IN CRL MC 341/2023 OF ADDITIONAL SESSIONS COURT, TRIVANDRUM Annexure R4(d) TRUE COPY OF THE RELEVANT GOVERNMENT ORDER DATED 19.05.2023 Annexure R4(e) TRUE COPY OF THE COMMON ORDER DATED 01.03.2023 IN B A 1131/2023, B A 1035/2023 & B A 1146/2023, DISMISSED SIMILAR ANTICIPATORY BAIL APPLICATIONS FILED BY ACCUSED 1, 3 & 5

¶174

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶175

¶176

Annexure R4(f) TRUE COPY OF THE MINUTES OF THE DIRECTOR BOARD OF THE SOCIETY HELD ON 20/04/2019

¶177

Annexure R4(g) TRUE COPY OF THE COMPLAINT GIVEN BY SMT.MINNOO BABU ONE SUCH DEPOSITOR BEFORE THE INVESTIGATING OFFICER DEPUTED BY REGISTRAR OF CO-OPERATIVE SOCIETIES

¶178

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶179

¶180

APPENDIX OF BAIL APPL. 8138/2023

¶181

PETITIONER'S ANNEXURES

¶182

Annexure -I TRUE COPY OF THE FIR IN CRIME 1266/2022 OF VANCHIYOOR POLICE STATION

¶183

Annexure -II COPY OF THE ORDER DATED 1.3.2023 IN CRL.M.C. NO. 341/2023 ON THE FILE OF ADDITIONAL SESSIONS COURT-VI, THIRUVANANTHAPURAM

¶184

RESPONDENTS ANNEXURES

¶185

Annexure R4(a) TRUE COPY OF THE ORIGINAL FIR FILED BY VANCHIYOOR POLICE STATION IN CRIME 1266/2022, ON THE COMPLAINT BY CO-OPERATIVE REGISTRAR Annexure R4(b) TRUE COPY OF THE RECENT NEWS REPORT APPEARED IN MATHRUBHUMI DAILY RELATED TO THE CRIME IN THE LIGHT OF THE REPORT BY THE CO-OPERATIVE DEPARTMENT Annexure R4(c) TRUE COPY OF THE ORDER DATED 01/03/2023 IN CRL MC 341/2023 OF THE VI ADDL, SESSIONS JUDGES COURT, THIRUVANANTHAPURAM Annexure R4(d) TRUE COPY OF THE RELEVANT GOVERNMENT ORDER DATED 19.05.2023 Annexure R4(e) TRUE COPY OF THE COMMON ORDER DATED 01.03.2023 IN B A 1131/2023, B A 1035/2023 & B A 1146/2023, DISMISSED SIMILAR ANTICIPATORY BAIL APPLICATIONS FILED BY ACCUSED 1, 3 & 5 Annexure R4(f) TRUE COPY OF THE MINUTES OF THE DIRECTOR BOARD OF THE SOCIETY HELD ON 20/04/2019 Annexure R4(g) TRUE COPY OF THE COMPLAINT GIVEN BY SMT.MINNOO BABU ONE SUCH DEPOSITOR BEFORE THE INVESTIGATING OFFICER DEPUTED BY REGISTRAR OF CO-OPERATIVE SOCIETIES

¶186

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶187

¶188

APPENDIX OF BAIL APPL. 8175/2023

¶189

PETITIONER'S ANNEXURES

¶190

Annexure A1 A TRUE COPY OF THE FIR NO. 1266/2022 DATED 24.12.2022 REGISTERED BY THE 3RD RESPONDENT

¶191

Annexure A2	A TRUE COPY OF THE RESIGNATION LETTER
	DATED 20.11.2022 FILED BY THE PETITIONER
	TO THE SECRETARY ENGINEERING CO-OPERATIVE SOCIETY T950
Annexure A3	TRUE COPY OF THE ORDER IN CRL. MC NO.
	341/2023 DATED 01.03.2023 OF THE SESSIONS COURT, THIRUVANANTHAPURAM
Annexure A4	A TRUE COPY OF THE ORDER DATED 01.08.2023
	OF THIS HON'BLE COURT IN BA NO. 4060/2023
Annexure A5	A TRUE COPY OF THE ORDER DATED 25.08.2023
	OF THIS HON'BLE COURT IN BA NO. 7515/2023

¶192

RESPONDENTS ANNEXURES

¶193

Annexure R4(a)	TRUE COPY OF THE	ORIGINAL FIR FILED BY
	VANCHIYOOR POLICE 1266/2022, ON THE OPERATIVE REGISTR	STATION IN CRIME COMPLAINT BY CO- AR
Annexure R4(b)	TRUE COPY OF THE	RECENT NEWS REPORT
	APPEARED IN MATHR THE CRIME IN THE THE CO-OPERATIVE	UBHUMI DAILY RELATED TO LIGHT OF THE REPORT BY DEPARTMENT
Annexure R4(c)	TRUE COPY OF THE CRL MC 341/2023 O COURT, TRIVANDRUM	ORDER DATED 01/03/2023 IN F ADDITIONAL SESSIONS
Annexure R4(d)	TRUE COPY OF THE DATED 19.05.2023	RELEVANT GOVERNMENT ORDER
Annexure R4(e)	TRUE COPY OF THE 01.03.2023 IN B A	COMMON ORDER DATED 1131/2023, B A 1035/2023

¶194

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶195

¶196

& B A 1146/2023 Annexure R4(f) TRUE COPY OF THE MINUTES OF THE DIRECTOR BOARD OF THE SOCIETY HELD ON 20/04/2019 Annexure R4(g) TRUE COPY OF THE COMPLAINT GIVEN BY SMT.MINNOO BABU ONE SUCH DEPOSITOR BEFORE THE INVESTIGATING OFFICER DEPUTED BY REGISTRAR OF CO-OPERATIVE SOCIETIES

¶197

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶198

¶199

APPENDIX OF BAIL APPL. 4060/2023

¶200

PETITIONER'S ANNEXURES

¶201

Annexure A1 TRUE COPY OF DISCHARGE SUMMARY DTD. 03.12.2021 ISSUED FROM SK HOSPITAL Annexure A2 . TRUE COPY OF PETITION DTD. 20.11.2022 SUBMITTED TO REGISTRAR OF CO-OPERATIVE SOCIETIES Annexure A3 TRUE COPY OF COMPLAINT DTD. 08.02.2023 SUBMITTED TO STATE POLICE CHIEF Annexure4 TRUE COPY OF ORDER DTD. 13.03.2023 IN CRL.M.C. NO. 334 OF 2023 OF ADDL. SESSIONS COURT-II, THIRUVANANTHAPURAM Annexure A5 TRUE COPY OF NOTICE DTD.15.05.2023 ISSUED BY 2ND RESPONDENT U/S 41(A) OF THE CODE Annexure A6 TRUE COPY OF FIXED DEPOSIT RECEIPT NO. 15996 DTD. 07.02.2022 OF SHAMERCE PHILIP

¶202

RESPONDENTS ANNEXURES

¶203

Annexure R4(a) TRUE COPY OF THE ORIGINAL FIR FILED BY VANCHIYOOR POLICE STATION IN CRIME 1266/2022, ON THE COMPLAINT BY COOPERATIVE REGISTRAR Annexure R4(b) TRUE COPY OF THE ORDERIN CRL.M C 334/2023 BEFORE ADDITIONAL SESSIONS COURT, TRIVANDRUM Annexure R4(c) TRUE COPY OF THE RELEVANT GOVERNMENT ORDER Annexure R4(d) TRUE COPY OF THE COMMON ORDER DATED 01.03.2023 IN B A 1131/2023, B A 1035/2023 & B A 1146/2023

¶204

PETITIONER'S ANNEXURES

¶205

Annexure A7 TRUE COPY OF STATEMENT OF ACCOUNT DTD. 07.02.2022

¶206

BA Nos. 4060, 8175, 8130, 8138 & 7515 of 2023

¶207

¶208

Annexure A8 TRUE COPY OF FIXED DEPOSIT RECEIPT NO.12430 DTD. 09.08.2019 Annexure A8 (a) TRUE COPY OF STATEMENT OF ACCOUNT DTD. 09.08.2019 Annexure A9 TRUE COPY FIXED DEPOSIT RECEIPT NO.14867 DTD. 30.03.2021 Annexure A9 (a) TRUE COPY OF STATEMENT OF ACCOUNT DTD. 30.03.2021 Annexure A10 TRUE COPY OF FIXED DEPOSIT RECEIPT NO.15069 DTD. 16.06.2022 Annexure A10 (a) TRUE COPY OF STATEMENT OF ACCOUNT DTD. 16.06.2021 Annexure A11 TRUE COPY OF FIXED DEPOSIT RECEIPT NO.16598 DTD. 12.07.2022 Annexure A11 (a) TRUE COPY OF STATEMENT OF ACCOUNT DTD. 08.07.2022

Sophyamma Thomas, v. State of Kerala

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Sophyamma Thomas, v. State of Kerala

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