Allowed

Abraham N.I v. State of Kerala

Kerala HC7 May 2024Bail Appl./3755/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by Chairman and Managing Director of a financial company accused of cheating depositors. Regular bail had earlier been refused only because arrests were not recorded. The court granted pre-arrest bail on conditions including bond of Rs.50,000 each with two sureties, cooperation with investigation and no travel abroad without permission.

What did the court decide?

Anticipatory bail granted on bond of Rs.50,000 each with two solvent sureties, subject to cooperation with investigation and prior permission to leave India.

Abraham N.I Vs State of Kerala — Cheating and Forgery | Kerala HC (2024)

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BA.3755/2024

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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 C.PRATHEEP KUMAR

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TUESDAY, THE 7^TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946 BAIL APPL. NO. 3755 OF 2024

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CRIME NO.710/2024 OF Ernakulam Central Police Station, Ernakulam

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PETITIONERS/ACCUSED No.1 & 2:

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1 ABRAHAM N.I AGED 43 YEARS, S/O ISAAC N.A, NEDUMPILLIL HOUSE, EDAYAR P.O, KOOTHATTUKULAM, ERNAKULAM, PIN - 686662

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2 ISAAC N A AGED 73 YEARS, S/O N.I ABRAHAM, NEDUMPILLIL HOUSE, EDAYAR P.O, KOOTHATTUKULAM, ERNAKULAM, PIN - 686662

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BY ADVS. THOMAS J.ANAKKALLUNKAL JAYARAMAN S. ANUPA ANNA JOSE KANDOTH DHANYA SUNNY ANN MILKA GEORGE

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RESPONDENT/STATE & COMPLAINANT:

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

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OTHER PRESENT:

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PUBLIC PROSECUTOR SRI. VIPIN NARAYANAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BA.3755/2024

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C.PRATHEEP KUMAR, J.

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Bail Application No.3755 of 2024 -----------------------------------------Dated this the 7^th day of May, 2024

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ORDER

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This is an application for anticipatory bail filed under Section 438

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Cr.P.C by accused No.1 and 2 in Crime No.710 of 2024 of Ernakulam Central Police Station. The offence alleged against the petitioners are under Sections 420 r/w 34 IPC.

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The Prosecution case is that the petitioners being the Chairman and Managing Directors of Nedumpillil Financial Company, with the intention to cheat and to make unlawful gain from the defacto complainant, received huge amount as deposits and cheated the defacto complainant without returning the deposit amount and its interest.

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According to the petitioners, altogether there are 24 cases of similar nature against the petitioners at present, out of which this Court granted regular bail in 20 cases as per Annexure A6 order. The application for bail in the present case was declined as arrest

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BA.3755/2024

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of the petitioners were not recorded at the time of passing Annexure A6 order. Now the petitioners seek anticipatory bail as they apprehend arrest in this case.

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The application was opposed by the learned Public Prosecutor. According to him, the petitioners were arrested and questioned in all the cases and major portion of the investigation is completed.

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Since regular bail was denied to the petitioners as per Annexure A6 order solely for the reason that their arrest was not recorded at that time, I am inclined to allow this application subject to conditions.

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In the result, this application is allowed subject to the following conditions:-

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(i) Petitioners shall be released on bail on executing bond for Rs.50,000/- (fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the trial court, in case they are arrested in connection with the above crime.

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(ii) Petitioners shall co-operate with the investigation and they shall not intimidate or influence the witnesses or tamper with the

BA.3755/2024

evidence.

(iii) Petitioners shall not leave India without the prior permission of the trial court.

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Sd/-

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C. PRATHEEP KUMAR, JUDGE

sou.

BA.3755/2024

APPENDIX OF BAIL APPL. 3755/2024

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PETITIONER ANNEXURES

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Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 710/2024 OF CENTRAL POLICE STATION, ERNAKULAM CITY

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Annexure A2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 25.09.2002 ISSUED BY THE RESERVE BANK OF INDIA

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Annexure A3 TRUE COPY OF THE LETTER DATED 22.11.2022 ISSUED BY THE RESERVE BANK OF INDIA CANCELLING THE CERTIFICATE OF REGISTRATION OF THE PETITIONERS' COMPANY

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Annexure A4 A TRUE COPY OF THE ORDER 06.12.2022 OF THE HON'BLE HIGH COURT OF KERALA IN W.P(C) NO. 39368/2022

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Annexure A5 A TRUE COPY OF THE ORDER DATED 24.07.2023 IN W.P(C) NO. 23932/2023 OF THE HON'BLE HIGH COURT OF KERALA.

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Annexure A6 TRUE COPY OF THE COMMON ORDER DATED 19.04.2024 OF THIS HON'BLE COURT IN B.A NO.3251/2024 AND OTHER CONNECTED CASES.

Abraham N.I v. State of Kerala

Case brief

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Abraham N.I v. State of Kerala

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