Allowed

Divakaran K K v. State of Kerala

Kerala HC19 Jul 2023Bail Appl./4748/2023

Case brief

AI extract

What is this about?

This bail application was filed by an 77-year-old petitioner, the 4th accused in a criminal case alleging misappropriation of cooperative society funds. The High Court allowed the application, considering the petitioner's age, prior custody, and the nature of the offence.

What did the court decide?

Petitioner released on bail on a bond of Rs.1,00,000 with two sureties for like amount, subject to conditions regarding appearance, cooperation with investigation, and non-interference.

Divakaran K K Vs State of Kerala — Corruption | 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 V.G.ARUN

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WEDNESDAY, THE 19TH DAY OF JULY 2023 / 28TH ASHADHA, 1945

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BAIL APPL. NO. 4748 OF 2023

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(CRIME NO.18 OF 2022 OF CRIME BRANCH, THRISSUR)

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PETITIONER

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DIVAKARAN K K
AGED 77 YEARS
S/O. KRISHNAN, KATTILAPARAMBIL HOUSE, MADAYIKONAM P
O, THRISSUR DISTRICT, PIN - 680712
BY ADVS.
K.R.ARUN KRISHNAN
SANAL C.S
DEEPA K.RADHAKRISHNAN
JISSMON A KURIAKOSE

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RESPONDENT

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

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SR.PP.C.K.SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 4748 of 2023

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ORDER

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Dated this the 19^th day of July, 2023

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The petitioner is the 4^th accused in Crime No.18 of 2022 registered by the CBCID, Thrissur alleging commission of offences under Sections 406, 409, 420, 465, 468, 471 read with Section 34 of IPC.

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The crime is registered on the allegation that the petitioner, in his capacity as President of a Co-operative Society, along with the other Board members and employees, misappropriated huge amount of money by cheating, forgery and fabrication.

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Learned counsel for the petitioner submitted that a series of crimes have been registered based on identical allegations raised by the members of the Society and the petitioner had undergone judicial custody for 122 days in those cases. In some of the case, offences under the Prevention of Corruption Act are also incorporated. In one such case, this Court granted anticipatory bail to the

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B.A. No. 4748 of 2023

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petitioner. A copy of the bail order is also made available for perusal.

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Learned Senior Public Prosecutor submitted that the

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amounts misappropriated by the petitioner and others runs into crores of Rupees and their victims are innocent depositors and members of the Society. It is fairly conceded that, altogether, the petitioner had been in custody for 122 days and hence, custodial interrogation of the petitioner is not necessary in the instant crime.

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As rightly pointed out by the learned Public Prosecutor, the alleged offence will affect the members and depositors of the Society. On the other hand, the fact that the petitioner is aged 77 years and has already undergone judicial custody in other crimes, are also relevant factors. Moreover as per the order in Bail Application No.4758 of 2023 the petitioner was granted anticipatory bail in a crime registered for similar offences and offences under the Prevention of Corruption Act.

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For the aforementioned reasons, the bail application is allowed and the following directions issued:

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B.A. No. 4748 of 2023

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(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like sum, to the satisfaction of the arresting officer or investigating officer, as the case may be.

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ii) The applicant shall cooperate with the investigation, and subject himself to the deemed police custody for discovery, if any, as and when demanded.

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iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. He shall also appear before the investigating officer as and when required.

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iv) The applicant shall not commit any offence of like nature while on bail.

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v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or tamper with the evidence in any other manner.

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vi) The applicant shall not leave the State of Kerala without obtaining permission from the jurisdictional court. vii) The application, if any, for deletion/modification of bail

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B.A. No. 4748 of 2023

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conditions or cancellation of bail, on the grounds of violating the bail conditions, shall be filed before the jurisdictional court.

Sd/-

smm

V.G.ARUN, JUDGE

APPENDIX OF BAIL APPL. 4748/2023

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PETITIONER ANNEXURES
Annexure A1A TRUE COPY OF THE FIR IN CRIME NO. 18/2022 OF
CRIME BRANCH THRISSUR.
Annexure A2TRUE COPY OF THE COMPLAINT FILED BEFORE THE SHO
IRINJALAKUDA POLICE STATION DATED 12.07.2021.
Annexure A3A TRUE COPY OF THE RECEIPT DATED 12.07.2021
ISSUED BY SHO IRINJALAKUDA.
Annexure A4A TRUE COPY OF THE MEDICAL CERTIFICATE OF THE
PETITIONER HEREIN.
Annexure A5A TRUE COPY OF THE 41 A NOTICE UNDER CRPC.

Divakaran K K v. State of Kerala

Case brief

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What did the court decide?

Divakaran K K v. State of Kerala

Case brief

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What did the court decide?

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