Kerala High Court
Arpitha Ravi Prakash vs State Of Kerala on 5 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
Bail Appl. Nos.7913/2025, 8291/2025
1
2025:KER:58302
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 7913 OF 2025
CRIME NO.760/2025 OF ARANMULA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 28.05.2025 IN CRMP NO.3754 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, PATHANAMTHITTA
PETITIONER(S)/1ST ACCUSED:
ARPITHA RAVI PRAKASH
AGED 28 YEARS
W/O SUMESH, GURUSMIRITHI,
MANAPPURAM P.O, THYKATTUSHERI,
ALAPPUZHA DISTRICT, PIN - 688 528.
BY ADV SMT.SREELAKSHMI SABU
RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 VISHNU SAJEEV
AGED 35 YEARS
S/O SAJEEV, KAMPISSERIL, VALLIKKUNNAM,
ALAPPUZHA, PIN - 690501.
BY ADVS.
SHRI.ASOK CHACKO THOMAS
SMT.PRIYANKA GOPI
SHRI.MIDHUN VADAKKAN
SRI. PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2025,
ALONG WITH BAIL APPL..8291/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Bail Appl. Nos.7913/2025, 8291/2025
2
2025:KER:58302
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 8291 OF 2025
CRIME NO.760/2025 OF ARANMULA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 05.06.2025 IN CRMP NO.3757 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, PATHANAMTHITTA
PETITIONER(S)/ACCUSED:
MERLIN SHIBU
AGED 27 YEARS
D/O SHIBU DANIEL CHRISTA VILLA,
NALLANIKKUNNU, OONNUKAL P O,
CHENNEERKKARA VILLAGE,
KOZHENCHERRY TALUK
PATHANAMTHITTA DISTRICT, PIN - 689 647.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
RESPONDENT(S)/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
Bail Appl. Nos.7913/2025, 8291/2025
3
2025:KER:58302
2 STATE HOUSE OFFICER
ARANMULA POLICE STATION,
PATHANAMTHITTA
DISTRICT, PIN - 689533.
3 VISHNU SAJEEV
AGED 35 YEARS
S/O D. SAJEEV, KAMBISSERIL HOUSE,
VALLIKUNNAM, MAVELIKARA, ALAPPUZHA-690501
IS IMPLEADED AS ADDL. R3 AS PER ORDER
DATED 21/07/2025 IN CRL.M.A. 1/2025.
BY ADVS.
SHRI.ASOK CHACKO THOMAS
SMT.PRIYANKA GOPI
SHRI.MIDHUN VADAKKAN
SRI. PRASANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2025,
ALONG WITH BAIL APPL..7913/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Bail Appl. Nos.7913/2025, 8291/2025
4
2025:KER:58302
BECHU KURIAN THOMAS, J.
......................................................
B.A. Nos.7913 & 8291 of 2025
...................................................
Dated this the 5th day of August, 2025
ORDER
These bail applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner in B.A.No.7913/2025 is the first accused while the petitioner in B.A.No.8291/2025 is the second accused in Crime No.760/2025 of Aranmula Police Station, Pathanamthitta District; registered for the offences punishable under Sections 408, 420, 465, 468 and 477A r/w Section 34 of the Indian Penal Code, 1860.
3. The prosecution case is that, the first accused is the Branch Manager while the second accused is a staff of an institution by name " Eurasian Institute of Management" run by the defacto complainant. The accused had misappropriated an amount of Rs.28,30,270/- from the students of the institute by collecting course fees and diverted the same into their account after issuing forged receipts and thereby cheated the defacto complainant and thus committed the offences alleged.
4. I have heard Adv.Sreelakshmi Sabu, the learned counsel for the first accused, Adv.Sarath K.P., the learned counsel for the second accused as well as Sri.Prasanth M.P., the learned Public Prosecutor and also Adv.Asok Bail Appl. Nos.7913/2025, 8291/2025 5 2025:KER:58302 Chacko Thomas, the learned counsel for the defacto complainant.
5. The learned counsel for the petitioners contended that the amounts were credited into their account at the instruction of the defacto complainant to avoid GST being paid by the institute. It was further submitted that the institute, run by the defacto complainant, has not been registered under the Central Goods and Services Tax Act, 2017 and it was only when there was an apprehension of proceedings being initiated by the authorities under the GST Act that the defacto complainant initiated the present complaint. The learned counsel also submitted that the modus operandi adopted by the defacto complainant was to facilitate payment of the respective students through various staff, who thereafter returned it back to the defacto complainant by different modes to avoid GST.
6. The learned counsel for the defacto complainant, on the other hand relying upon the objection filed by him, contended that a large amount of money has been cheated by the petitioners by misappropriating the same and diverted it into their own accounts after issuing forged receipts. The allegations regarding attempts to evade GST were stoutly denied and it was submitted that those are two different aspects and the petitioners are now attempting to exploit the situation. According to the learned counsel, more than Rs.28,00,000/- were misappropriated by the petitioners by issuing forged receipts and thereby cheated the institution.
7. The learned Public Prosecutor also submitted that allegations are serious and, hence, custodial interrogation is necessary.
8. On a perusal of the records produced, it is noticed that petitioners have Bail Appl. Nos.7913/2025, 8291/2025 6 2025:KER:58302 made several payments through 'Google pay' and other means to the defacto complainant and his family members, prima facie under the direction of the defacto complainant himself. Though the reason for such transfers are not explicitly evident, those transactions create doubts in the mind of the court regarding the purpose for which they were transferred. The students could not have continued their studies without corresponding payments received by the establishment. Hence, the contention of the petitioners cannot be ignored or shrugged aside as baseless. The timing of the notice issued by GST Authorities and the complaint of the defacto complainant are also of significance. Having regard to the several transactions as noticed from Annexure-A3 and Annexure-A4 series, I am of the view that custodial interrogation of the petitioners is not necessary.
9. In Ashok Kumar v. State of Union Territory Chandigarh [2024 SCC OnLine SC 274], wherein it has been held that a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial interrogation is required would not be sufficient and that the State would have to show or indicate more than prima facie case as to why custodial interrogation of the accused is required for the purpose of investigation. In the instant case, the State has not been able to convince this Court that custodial interrogation is necessary.
10. Considering the nature of allegations and the contentions of the petitioners, I am of the view that custodial interrogation of the petitioners is not necessary. However, petitioners must subject themselves to interrogation for the purpose of completing the investigation. Therefore, Bail Appl. Nos.7913/2025, 8291/2025 7 2025:KER:58302 petitioners are entitled to grant pre-arrest bail on conditions.
11. Accordingly, these applications are allowed on the following conditions:
(a) Petitioners shall appear before the Investigating Officer on 18.08.2025 from 10 am to 5 pm and shall subject themselves to interrogation. The said period shall be deemed to be limited custody for the purpose of completing the investigation.
(b) If after interrogation, the Investigating Officer proposes to arrest the petitioners, then, they shall be released on bail on each of them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(c) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.
(d) Petitioners shall not intimidate or attempt to influence the witnesses;
nor shall they tamper with the evidence;
(e) Petitioners shall not commit any similar offences while they are on bail.
In case of violation of any of the above conditions, or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/05/08/2025 Bail Appl. Nos.7913/2025, 8291/2025 8 2025:KER:58302 APPENDIX OF BAIL APPL. 8291/2025 PETITIONER ANNEXURES ANNEXURE I A TRUE COPY OF THE FIR IN CRIME NO 760/2025 OF ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT.
ANNEXURE II A TRUE COPY OF THE APPOINTMENT LETTER OF THE PETITIONER DATED 17.04.2023.
ANNEXURE III AN ACCUSED COPY OF THE ORDER IN CRL MP NO 3757/2025 BEFORE THE COURT OF SESSIONS, PATHANAMTHITTA DATED 05.06.2025.
Bail Appl. Nos.7913/2025, 8291/2025 9 2025:KER:58302 APPENDIX OF BAIL APPL. 7913/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 760 OF 2025 OF ARANMULA POLICE STATION DATED 12.5.2025.
ANNEXURE A2 TRUE COPY OF THE STAFF DETAILS OF THE
EURASIAN INSTITUTE WHICH SHOWS THE
PETITIONER'S DATE OF JOINING.
ANNEXURE A3 TRUE COPY OF THE RELEVANT PAGES OF THE BANK
STATEMENT ISSUED BY THE STATE BANK OF INDIA
TO THE PETITIONER DATED 18.5.2025.
ANNEXURE A4 TRUE COPY OF SOME OF THE WHATSAPP CHATS
BETWEEN THE STAFF OF THE INSTITUTION.
ANNEXURE A5 TRUE COPY OF THE WEBSITE INFORMATION OF THE
EURASIAN INSTITUTE OF MANAGEMENT.
ANNEXURE A6 TRUE COPY OF A NEWS REPORT AGAINST THE
DEFACTO COMPLAINANT.
ANNEXURE A7 TRUE COPY OF THE ORDER PASSED BY SESSIONS
COURT PATHANAMTHITTA IN CRL.MP NO. 3754/2025 DATED 28.5.2025.
RESPONDENT ANNEXURES ANNEXURE R2(1) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 07.3.2025 ISSUED FROM THE ARANMULA POLICE STATION.