V.Bindu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 Bail Appl..No.1485 of 2015 CBCID CRIME NO.110/CR/EOW1/KLM/13 (CRIME NO.617/2013 OF CBCID,THIRUVANANTHAPURAM,THIRUVANANDAPURAM).

PETITIONER'S/ACCUSED NOS.6,7,8,9,10,11,13,14,15,16: 1.

V.BINDU,WIFE OF NANDASOONU,AGED 47 YEARS 'SANDRAM',CHIRAMUKKU,ATTUKAL,MANAKKAD P.O, THIRUVANANTHAPURAM 2.

ANSALY K.V,SON OF VARGHESE K.P,AGED 59 YEARS, KATTITHARA HOUSE,GIRINAGAR SOUTH, KADAVANTHRA P.O,KOCHI-682020.

3.

GOPAKUMAR K.R,SON OF N.KUTTAN PILLAI, KAYIKARA VEEDU,KARIKODU,KOLLAM-691005.

4.

ABU.R.ONAMPALAM,SON OF RAGHAVAN, AGED 53 YEARS, 'ABSU BHAVAN',MULAVANA P.O,KOLLAM.

5.

THANKACHAN P.M,SON OF MATHEW P.Y, AGED 54 YEARS,PUTHENPARAMBIL HOUSE, THUMPOLLY,ALAPPUZHA-688008.

6.

KUMARADAS.J,SON OF JANARDHANAN PILLAI, AGED 60 YEARS,' SREE PADMAM', PATTURAIKKAL,THRISSUR-680022 7.

G.THOMAS PANICKER,SON OF GEEVARGHESE PANICKER, AGED 51 YEARS,PLAVILATHEKKETHIL KALILIL VEEDU, AMBIPOIKA P.O,KUNDARA,KOLLAM.

8.

HARIDAS.P,SON OF PARAMESWARAN, 'GOKULAM',ERAMALLOOR P.O,PIN-688537.

9.

SURESH BABU,SON OF THAMPI PILLAI, AGED 58 YEARS,'USHASREE' SURENDRAPURAM, PAZHAVEEDU P.O,ALAPPUZHA.

10.

A.G.GIREESAN,SON OF A.G.GOPALAN, TC.NO.16/585(2),RIYAS MANZIL,EVRA 33A, JAGATHI,THAIKKAD P.O,THIRUVANANTHAPURAM.

BY SRI.M.K.DAMODARAN (SENIOR ADVOCATE.) ADVS.SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S.

SRI.J.VIMAL SRI.ANTONY ROBERT DIAS pto

...2...

B.A.NO.1485/2015 RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, (CBCID CRIME NO.110/CR/EOW1/KLM/13(CRIME NO.617/2013 OF VANCHIYOOR POLICE STATION, THIRUVANNATHAPURAM DISTRICT ), RREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-05-2015, ALONG WITH B.A.NO.1498/2015 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K. ABRAHAM MATHEW, J.

-------------------------------- B.A. Nos.1485 &1498 of 2015 ------------------------------------ Dated this the 20th day of May, 2015 -------------------------------------------

O R D E R

---------------- Petitions filed under Section 438 Cr.P.C.

2. Petitioners along with the co-accused are alleged to have committed the offences under Secs.120(B), 465, 468, 471, 420, 408, 409, 477(A), 36, 406 and 109 of the Indian Penal Code. They were members of the Director Board of the Kerala State Financial Enterprise's staff Co-operative Society which conducts chitty and accepts deposits from the members. The prosecution case is that there has been falsification of accounts and misappropriation of huge amounts by the persons concerned.

3. Heard. It is submitted that the petitioners are not involved in the commission of offences and they happened to be made accused only because they were Directors of the Board of the Co-operative Society and they sanctioned the loans which were disbursed to certain persons.

4. Having regard to the facts of the case, custodial interrogation of the petitioners is not necessary for effective investigation. So I am inclined to grant the prayer for anticipatory bail.

B.A. Nos.1485 & 1498 of 2015 2 In the result, this application is allowed.

1) The petitioners shall be released on bail after interrogation on their executing a bond for 25,000/- ₹ (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.

3) They shall not destroy or tamper with evidence.

4) They shall co-operate with the investigation.

5) In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge