Kerala High Court
Sunny P.Samuel vs State Of Kerala on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
BAIL APPL. NO. 5625 OF 2021
CRIME NO.5/2019 OF Enath Police Station, Pathanamthitta
AGAINST THE ORDER IN CMP 1072/2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, ADOOR, PATHANAMTHITTA
PETITIONER:
LINCY ISSAC, AGED 54 YEARS
W/O.VARGHESE GEORGE, VAYALIRAKKATHU PUTHEN VEEDU,
KADAMPANADU P.O., PATHANAMTHITTA DISTRICT - 691 552.
BY ADV K.K.SETHUKUMAR
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM (CRIME NO.5 OF 2019 ENATH POLICE STATION,
PATHANAMTHITTA DISTRICT).
SR. PP SRI. MANU P.G.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.09.2021, ALONG WITH Bail Appl..6497/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A.5625 & 6497/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
BAIL APPL. NO. 6497 OF 2021
CRIME NO.5/2019 OF Enath Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT IN CRMP 1249/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, ADOOR, PATHANAMTHITTA
PETITIONER/S:
SUNNY P.SAMUEL, AGED 56 YEARS
S/O.PAPPAN, PEACE COTTAGE, NEAR ESI JUNCTION,
KADAMPANADU SOUTH P.O., PATHANAMTHITTA-691 553.
BY ADVS.
T.I.UNNIRAJA
VISHNU S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 THE STATION HOUSE OFFICER,
ENATHU POLICE STATION, PATHANAMTHITTA-691 526.
SR.PP SRI. MANU P.G.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.09.2021, ALONG WITH Bail Appl..5625/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A.5625 & 6497/2021
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ORDER
[Bail Appl. Nos.5625/2021, 6497/2021]
Dated this the 24th day of September, 2021
B.A. No. 5625 of 2021 is the regular bail application filed by
the 2nd accused in Crime No. 5 of 2019 of Enath Police Station
registered for the offences punishable under Sections 465, 468,
471, 406, 420 and 34 of Indian Penal Code. B.A. No. 6497 of
2021 is filed by the 1st accused in the very same crime.
2. The prosecution allegation is as follows:
The 1st accused was the Secretary of Kadambanadu North
Service Co-operative Bank Ltd. No. 55. The 2nd accused was the
Assistant Secretary of the very same Co-operative Bank. During
their tenure as the Secretary and Assistant Secretary of the
Co-operative Bank, they have forged and manipulated so many
documents and by committing criminal breach of trust,
misappropriated in total a sum of Rs.68,78,808/- with the
connivance of the Board of Directors of the Bank and cheated the
B.A.5625 & 6497/2021
Bank and its customers, thereby they have committed the
aforesaid offences.
3. Both the accused are in custody since 22.07.2021.
4. The learned counsel for the 1 st accused submits that he
has not committed any offence as alleged by the prosecution. In
fact, only with the consent of the Managing Committee/Board of
Directors, loans have been sanctioned to the customers behind
their back and he has acted as per the direction of the Managing
Committee. He has not manipulated documents along with the
2nd accused, who was the Assistant Secretary of the Bank as
alleged. But they are undergoing incarceration since the date of
their arrest. It is also submitted that both the petitioners were
terminated from service. That order was challenged by the 1 st
accused before the Co-operative Arbitration Court and it was set
aside. Thereafter, he has retired from service. The application
filed by the 2nd accused challenging the termination order is
pending for consideration.
B.A.5625 & 6497/2021
5. The learned Public Prosecutor has submitted that
custodial interrogation of accused Nos. 3 to 10 were not required
for the investigation of the case and hence, they are not arrested
and now the investigation of the case is over and charge sheet
has been filed on 30.08.2021 before the jurisdictional Magistrate
court. Therefore, the prosecution has no objection in releasing
them on bail.
6. Heard both sides and perused the records. On a perusal
of the records, it is revealed that the Secretary as well as the
Assistant Secretary of the Service Co-operative Bank have
sanctioned loan in the name of various customers with the
connivance or knowledge of the members of the Managing
Committee by forging documents and money was
misappropriated by the accused and this illegal and unfair act
continued for a pretty long time ranging from 2011 to 2017. So,
the materials so far collected would reveal the active
participation of these petitioners as well the members of the
Managing Committee in committing the offences by cheating the
B.A.5625 & 6497/2021
customers and the Bank. But now the investigation of the case
is over and therefore, there is absolutely no necessity to detain
these petitioners further in custody. Therefore, I am inclined to
grant bail to them.
Therefore, these applications are allowed subject to the
following conditions:
(i) The petitioners shall be released on bail on each of them
executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh
only) with two solvent sureties for the like sum each to the
satisfaction of the court having jurisdiction.
(ii) The petitioners shall appear before the Investigating
Officer for interrogation as and when required by him, in
writing.
(iii) The petitioners 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 him from disclosing such
facts to the court or to any police officer or tamper with the
evidence.
(iv) The petitioners shall not commit any offence while on bail.
B.A.5625 & 6497/2021
In case of violation of any of the above conditions,
the jurisdictional court is empowered to cancel the bail in
accordance with the law.
Sd/-
SHIRCY V.
JUDGE
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