Kerala High Court
Abraham N I vs State Of Kerala on 19 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 3251 OF 2024
CRIME NO.363/2024 OF FORT KOCHI POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NO.1 & 2:
1 ISAAC N A
AGED 73 YEARS
S/O ABRAHAM N I, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ABRAHAM N I
AGED 43 YEARS
S/O ISAAC N A, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
ANN MILKA GEORGE
DHANYA SUNNY
JAYARAMAN S.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, ALONG WITH Bail Appl..2670/2024, 2674/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2764 OF 2024
CRIME NO.302/2024 OF HILL PALACE POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED 1&2:
1 ISAAC N.A., AGED 73 YEARS
S/O. N.I. ABRAHAM, NEDUMPILLIL (H), EDAYAR
P.O., KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN -
686662.
2 ABRAHAM N.I.,
AGED 43 YEARS, S/O. ISAAC N.A., NEDUMPILLIL
(H), EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM,
KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2670/2024, 2674/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2670 OF 2024
CRIME NO.166/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO.1&2:
1 ISSAC N. A.,
AGED 73 YEARS, S/O. N I ABRAHAM, NEDUMPILLIL
(H), EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM,
KERALA, PIN - 686662
2 ABRAHAM N.I.,
AGED 43 YEARS, S/O. ISAAC N.A., NEDUMPILLIL
(H), EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM,
KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
JAYARAMAN S.
ANUPA ANNA JOSE KANDOTH
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031.
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2674 OF 2024
CRIME NO.174/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO. 1&2:
1 ABRAHAM N I
AGED 43 YEARS
S/O ISAAC N A, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ISSAC N. A, AGED 73 YEARS
S/O N. I ABRAHAM, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA -686662.
BY ADVS.
THOMAS J.ANAKKALLUNKAL
JAYARAMAN S.
ANUPA ANNA JOSE KANDOTH
ANN MILKA GEORGE
DHANYA SUNNY
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2680 OF 2024
CRIME NO.175/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO.1&2:
1 ABRAHAM N.I., AGED 43 YEARS
S/O. ISAAC N A, NEDUMPILLIL (H), EDAYAR P.O.,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ISSAC N. A., AGED 73 YEARS
S/O. N.I. ABRAHAM, NEDUMPILLIL (H), EDAYAR
P.O., KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN -
686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/COMPLAINANT/ STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,, PIN - 682031
BY ADV.
SRI.PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2682 OF 2024
CRIME NO.183/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO. 1& 2:
1 ABRAHAM N.I., AGED 43 YEARS
S/O. ISSAC N. A., NEDUMPILLIL HOUSE, EDAYAR
P.O., KOOTHATTUKULAM, ERNAKULAM, PIN - 686662
2 ISSAC N. A., AGED 73 YEARS
S/O. N.I. ABRAHAM, NEDUMPILLIL HOUSE, EDAYAR
P.O., KOOTHATTUKULAM, ERNAKULAM, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI. PRASANTH M.P PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2683 OF 2024
CRIME NO.179/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO. 1&2:
1 ABRAHAM N.I., AGED 43 YEARS
S/O. ISAAC N.A., NEDUMPILLIL (H), EDAYAR P.O.,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ISAAC N.A., AGED 73 YEARS
S/O. N.I. ABRAHAM, NEDUMPILLIL (H), EDAYAR
P.O., KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN -
686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2689 OF 2024
CRIME NO.204/2024 OF ERNAKULAM CENTRAL POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED:
ABRAHAM N.A.,
AGED 43 YEARS
S/O. ISSAC N.A., NEDUMPILLIL HOUSE, EDAYAR
P.O., KOOTHATTUKULAM, ERNAKULAM, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2690 OF 2024
CRIME NO.177/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO. 1 & 2:
1 ABRAHAM N I
AGED 43 YEARS, S/O ISAAC N A, NEDUMPILLIL (H)
EDAYAR P O, KOOTHATTUKULAM, ERNAKULAM, KERALA,
PIN - 686662
2 ISAAC N A
AGED 73 YEARS, S/O N I ABRAHAM, NEDUMPILLIL (H)
EDAYAR P O, KOOTHATTUKULAM, ERNAKULAM, KERALA,
PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2691 OF 2024
CRIME NO.188/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO. 1 & 2:
1 ABRAHAM N.I.,
AGED 43 YEARS, S/O. ISAAC N.A, NEDUMPILLIL
HOUSE, EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM,
PIN - 686662
2 ISSAC N.A.,
AGED 73 YEARS, S/O. ABRAHAM N.A., NEDUMPILLIL
HOUSE, EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM,
PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
JAYARAMAN S.
ANUPA ANNA JOSE KANDOTH
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2693 OF 2024
CRIME NO.186/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO.1& 2:
1 ABRAHAM N I
AGED 43 YEARS, S/O. ISSAC N A, NEDUMPILLIL
HOUSE, EDAYAR P.O, KOOTHATTUKULAM, ERNAKULAM,
PIN - 686662
2 ISSAC N A
AGED 73 YEARS, S/O. N.I. ABRAHAM, NEDUMPILLIL
HOUSE, EDAYAR P.O, KOOTHATTUKULAM, ERNAKULAM,
PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/ COMPLAINANT & STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2695 OF 2024
CRIME NO.180/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ ACCUSED NO.1&2:
1 ISAAC N.A.,
AGED 73 YEARS, S/O. N.I. ABRAHAM, NEDUMPILLIL
(H) EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM,
KERALA, PIN - 686662
2 ABRAHAM N.I.,
AGED 43 YEARS, S/O. ISAAC N.A., NEDUMPILLIL
(H), EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM,
KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2696 OF 2024
CRIME NO.188/2024 OF KURAVILANGADU POLICE STATION,
KOTTAYAM
PETITIONERS/ ACCUSED NO. 1,2 &3:
1 ISSAC N.A., AGED 73 YEARS, S/O. N.I. ABRAHAM,
NEDUMPILLIL (H), EDAYAR P.O., KOOTHATTUKULAM,
ERNAKULAM, KERALA, PIN - 686662
2 ABRAHAM N.I., AGED 43 YEARS, S/O. ISAAC N.A.,
NEDUMPILLIL (H), EDAYAR P.O., KOOTHATTUKULAM,
ERNAKULAM, KERALA, PIN - 686662
3 ANEESHA ABRAHAM, AGED 40 YEARS
W/O. ABRAHAM N I, NEDUMPILLIL (H), EDAYAR P.O.,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
JAYARAMAN S.
ANUPA ANNA JOSE KANDOTH
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/ COMPLAINANT & STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2712 OF 2024
CRIME NO.185/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ ACCUSED NO. 1&2:
1 ABRAHAM N I, AGED 43 YEARS
S/O ISAAC N A, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ISSAC N. A, AGED 73 YEARS, S/O N I ABRAHAM,
NEDUMPILLIL (H) EDAYAR P O, KOOTHATTUKULAM,
ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
JAYARAMAN S.
ANUPA ANNA JOSE KANDOTH
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/ COMPLAINANT & STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2714 OF 2024
CRIME NO.189/2024 OF KOOTHATTUKULAM POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO. 1&2:
1 ABRAHAM N.I, AGED 43 YEARS
S/O ISAAC N.A, NEDUMPILLIL HOUSE, EDAYAR P.O,
KOOTHATTUKULAM, ERNAKULAM, PIN - 686662
2 ISAAC N A, AGED 73 YEARS
S/O N.I ABRAHAM, NEDUMPILLIL HOUSE, EDAYAR P.O,
KOOTHATTUKULAM, ERNAKULAM, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/ STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2719 OF 2024
CRIME NO.205/2024 OF ERNAKULAM CENTRAL POLICE STATION,
ERNAKULAM
PETITIONERS/ ACCUSED NO.1&2:
1 ABRAHAM N.I.,AGED 43 YEARS
S/O. ISAAC N.A., NEDUMPILLIL (H), EDAYAR P.O.,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ISSAC N. A.,AGED 73 YEARSS/O. N. I. ABRAHAM,
NEDUMPILLIL (H), EDAYAR P.O., KOOTHATTUKULAM,
ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/ COMPLAINANT & STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2765 OF 2024
CRIME NO.625/2024 OF ERNAKULAM CENTRAL POLICE STATION,
ERNAKULAM
PETITIONERS/ ACCUSED NO.1&2:
1 ABRAHAM N I, AGED 43 YEARS
,S/O ISAAC N A, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ISAAC N A, AGED 73 YEARS
S/O N I ABRAHAM, , NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/ STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
18
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2766 OF 2024
CRIME NO.535/2024 OF THOPPUMPADY POLICE STATION,
ERNAKULAM
PETITIONERS/ ACCUSED NO 1&2:
1 ISAAC N.A.,AGED 73 YEARS
S/O. N.I. ABRAHAM, NEDUMPILLIL (H), EDAYAR
P.O., KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN -
686662
2 ABRAHAM N.I.,AGED 43 YEARS
S/O. ISAAC N.A., NEDUMPILLIL (H), EDAYAR P.O.,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/ COMPLAINANT & STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2770 OF 2024
CRIME NO.455/2024 OF MUVATTUPUZHA POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NO 1&2:
1 ISAAC N A, AGED 73 YEARS
S/O N I ABRAHAM, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ABRAHAM N I, AGED 43 YEARS
S/O ISAAC N A, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
3
JAYARAMAN S.
ANUPA ANNA JOSE KANDOTH
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SRI. PRASANTH M.P. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
20
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 3358 OF 2024
CRIME NO.433/2024 OF Ernakulam South Police Station,
Ernakulam
PETITIONER(S)/ACCUSED NO.1 & 2:
1 ABRAHAM N I, AGED 43 YEARS
S/O ISAAC N A, NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
2 ISAAC N A, AGED 73 YEARS
S/O N I ABRAHAM,NEDUMPILLIL (H) EDAYAR P O,
KOOTHATTUKULAM, ERNAKULAM, KERALA, PIN - 686662
BY ADVS.
THOMAS J.ANAKKALLUNKAL
JAYARAMAN S.
ANUPA ANNA JOSE KANDOTH
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT(S)/STATE & COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024, ALONG WITH Bail Appl..2764/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.3251 of 2024 & connected cases
21
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos. 2764, 2670, 2674, 2680, 2682, 2683, 2689,
2690, 2691, 2693, 2695, 2696, 2712, 2714, 2719,
2765, 2766, 2770, 3251 & 3358 of 2024
-------------------------------
Dated this the 19th day of April, 2024
ORDER
These Bail Applications are filed under Section 439 of the Criminal Procedure Code (Cr.P.C.)
2. The petitioners in these cases are accused in Crime No.363/2024 of Fort Cochin Police Station, Crime No.302/2024 of Hill Palace Police Station, Crime Nos.166/2024, 174/2024, 175/2024, 183/2024, 179/2024, 177/2024, 186/2024, 180/2024, 185/2024, 188/2024 & 189/2024 of Koothattukulam Police Station, Crime Nos.204/2024, 205/2024 & 625/2024 of Ernakulam Central Police Station, Crime No.455/2024 of Muvattupuzha Police Station, Crime No.535/2024 of Thoppumpady Police Station, Crime No.188/2024 of Kuravilangadu Police Station and Crime No.433/2024 of B.A.Nos.3251 of 2024 & connected cases 22 Ernakulam South Police Station. Different cases are registered against the petitioners in these cases mainly alleging offences punishable under Sections 420 IPC.
3. The prosecution case in brief is as follows:
The petitioners being the Chairman and Managing Director of Nedumpilli Finance, with the intention to cheat and to make unlawful gain from the defacto complainants in these cases, received huge amount as deposit for a period of 5 years and cheated the defacto complainants without returning the deposit amount and its interest. Hence it is alleged that the accused committed the afore said offences.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the petitioners' company is a non-banking financial company (NBFC) namely Nedumpilli Finance Company Limited, incorporated on 30.12.1996 as evident by Annexure A2. It is submitted that the company is having B.A.Nos.3251 of 2024 & connected cases 23 validly registered license and is working under the supervision of the RBI. It is also submitted that, as per the license conditions, regulations and rules issued by the RBI in respect of working of NBFC's, the company is permitted to collect funds, permit investments from the public by way of financial instruments like Debentures, Preference Shares and Subordinate debt. The petitioners admit the deposits made by the defacto complainants in almost all the cases. It is also submitted that the petitioners paid a prominent amount as interest till July 2023. According to the petitioners, due to an audit finding report by the RBI, the RBI cancelled the company's certificate of registration as a Non-Banking Financial Institution as per an order dated 17.11.2022. Annexure A3 is the copy of the letter dated 22.11.2022 issued by the RBI cancelling the certificate of registration of the petitioners' company. Challenging the order of the RBI, it is submitted that the petitioners preferred a Writ petition before this Court and this Court was pleased to B.A.Nos.3251 of 2024 & connected cases 24 pass an interim order stating that, no coercive steps shall be taken against the petitioners. Annexure A4 is the order. It is also submitted that the petitioners preferred an appeal before the Appellate Authority, Ministry of Finance, Government of India and the same was dismissed by the Appellate Authority upholding the finding of the RBI. Challenging the above order, the petitioners filed W.P.(C)No.23932/2023 before this Court and the order passed by the Appellate Authority is stayed as evident by Annexure A5 order is the submission. It is submitted that the cancellation of the certificate of registration by the RBI caused a huge impact on the financial management of the company. It is submitted that, even after that the petitioners paid interest on the deposit to the customers till July, 2023. The petitioners were arrested on 08.03.2024 and they were in custody from that day onwards. It is submitted that, one of the petitioner is aged 73 years and he is suffering from different ailments.
B.A.Nos.3251 of 2024 & connected cases 25
6. The learned Public Prosecutor opposed the Bail application and submitted that the petitioners cheated several persons and this Court may not release them on bail.
7. This Court considered the contentions of the petitioners and the Public Prosecutor. It is true that there are several victims in these cases. The petitioners admit that they have collected fund from the defacto complainants in these cases and because of the financial problem, the same was not disbursed. This Court perused the orders passed by this Court in the Writ petitions also. The petitioners submitted that they are trying to settle the entire issue with the defacto complainants in these cases. If that be the case, the continued detention of the petitioners may not help anybody. There can be a direction to the petitioners to surrender their passport, if any, before the court below and the petitioners can be released on bail after imposing stringent conditions.
B.A.Nos.3251 of 2024 & connected cases 26
8. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.
9. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, these Bail Applications are allowed with the following directions:
1. Petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. Petitioners shall appear before the B.A.Nos.3251 of 2024 & connected cases 27 Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
3. Petitioners shall not leave India without permission of the jurisdictional Court.
4. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. Petitioners shall appear before the investigating officer on all Mondays till final report is filed.
6. Petitioners shall surrender their passport before the Jurisdictional court. If there is no passport, they will file an affidavit to that effect B.A.Nos.3251 of 2024 & connected cases 28 before the Jurisdictional court.
7. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM