Joseph Chakkunny Karukuttikaran v. The State Of Maharashtra
PMB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2634 OF 2019 Joseph Chakkunny Karukuttikaran .. Applicant vs.
The State of Maharashtra and anr.
.. Respondents -------------- Ms. Meghna Gowalani I/b. Mr. Abdul Karim N. Pathan for the Applicant.
Mr. N.B. Patil, APP for the State.
-------------- CORAM : M.S.KARNIK, J.
DATE : SEPTEMBER 29, 2021 P.C.
Heard learned counsel for the parties.
2.
This is an Application for pre-arrest bail in respect of an offence punishable under Section 40c6 of the Indian Penal Code registered vide C.R. No.557 of 20c18 with Sakinaka Police Station. 3.
Counsel submits that the Applicant is a Chartered Accountant. During the period of 20c11 to 20c14, the Respondent No.2-complainant had hired the Applicant to look after his fnance work regarding the fling of Value Added Tax ('VAT' for short) and other taxes with the taxation authority. The complainant used to send certain amount to the Applicant every three months towards the payment to the Service Tax department. It is alleged that during the period of 20c11 to 20c14, the complainant had paid an
amount of Rs.3 lakhs to the Applicant, who instead of depositing the said amount, siphoned of the entire amount. It is pursuant to the letter received by the complainant from the Service Tax department regarding demand of the payment of the taxes that the complainant realised about non payment of Service Tax by the Applicant, though the amount of Rs.3 lakhs was deposited with him. Repeated enquiries made by the complainant did not evince any satisfactory response from the Applicant. The complainant felt cheated and hence the FIR.
4.
Pursuant to the fling of this Application, this Court passed the following order on 0c2.12.20c19 :- "Applicant to implead complainant as respondent no.2. Amendment to be carried out forthwith. Issue notice to added respondent. The learned APP to inform respondent no.2. 2.
Applicant undertakes to pay Rs.2,79,0c0c0c/- to the Complainant by way of Demand Draft within a week from today. Statement is accepted. Applicant is directed to fle Undertaking to that effect.
3.
In the meantime, in the event of arrest in Crime No.557 of 20c18, registered with Sakinaka Police Station, he shall be released on bail on executing PR bond in the sum of Rs.25,0c0c0c/- with one or more sureties in the like amount. 4.
The applicant shall furnish particulars of his residence and mobile number to the Investigating Ofcer within a day from today.
5.
Applicant shall report to the Investigating Ofcer as and when called.
6.
Stand over to 10cth December, 20c19."
5.
It is stated by learned counsel for the Applicant that the order has been duly complied with and an amount of Rs.2,79,0c0c0c/- has been deposited in the bank account of the complainant on 0c7.12.20c19. Learned counsel for the Applicant submits that he was not able to annex the copy of the FIR. A copy of the FIR is tendered across the bar and the same is taken on record and marked as Exhibit 'X' for identifcation.
6.
The Applicant has been granted interim protection since 0c2.12.20c19. The Investigating Ofcer is present. It is not the contention that the Applicant has not co-operated with the investigation. Considering the facts and circumstances of the present case, in my opinion, the custodial interrogation of the Applicant is not necessary. Hence, the following order :-
O R D E R
(i) The interim order dated 0c2.12.20c19 passed by this Court is confrmed.
(ii) In the event of the arrest of the Applicant in connection with C.R. No.557 of 20c18 registered with Sakinaka Police Station, he shall be released on bail on executing P.R. Bond in the sum of Rs.25,0c0c0c/- with one or more sureties in the like amount. (iii) The Applicant shall furnish particulars of his residence and mobile number to the Investigating Ofcer within a period of one week from today.
(iv) The Applicant shall report to the Investigating Ofcer as and when called.
7.
The Anticipatory Bail Application is disposed of. Digitally signed by PRADNYA MAKARAND BHOGALE Date:
2021.09.29 18:32:09 +0530 (M.S.KARNIK, J.) PRADNYA MAKARAND BHOGALE