Citation : 2023 Latest Caselaw 8828 Ker
Judgement Date : 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6549 OF 2022
CRIME NO.808/2019 OF Ettumanoor Police Station, Kottayam
PETITIONER/ACCUSED:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
AGED 55 YEARS, USHASREE HOUSE, MATTOM NORTH,
THATTARAMBALAM P O, MAVELIKKARA, ALAPPUZHA - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER, ETTUMANOOR POLICE STATION
(CRIME NO 808 OF 2019 OF ETTUMANOOR POLICE STATION,
KOTTAYAM DISTRICT), PIN - 686631
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT. MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl.6555/2022, 6556/2022 AND
CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE
FOLLOWING:
B.A.6549/2022 and connected cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6555 OF 2022
CRIME NO.817/2019 OF Erattupettah Police Station, Kottayam
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, AGED 55 YEARS, USHASREE
HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER, ERATTUPETTAH POLICE
STATION, KOTTAYAM DISTRICT, (CRIME NO 817/2019 OF
ERATTUPETTAH POLICE STATION, KOTTAYAM DISTRICT -
686121)
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl.6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6556 OF 2022
CRIME NO.1288/2019 OF Adoor Police Station, Pathanamthitta
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, AGED 55 YEARS, USHASREE
HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA -, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
ADOOR POLICE STATION, (CRIME NO 1288/2019 OF
ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT),
PIN - 691523
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6560 OF 2022
CRIME NO.445/2019 OF CBCID, ERNAKULAM, Ernakulam
PETITIONER/ACCUSED:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, USHASREE HOUSE, MATTOM
NORTH, THATTARAMBALAM P O, MAVELIKKARA,
ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRACH, ERNAKULAM (CBCD CRIME NO.445/CBCU II
EKM/19 OF ERNAKULAM CRIME BRACH FORMALLY
REGISTERED AS CRIME NO 184/2019 OF VYTHIRI POLICE
STATION, WAYANAD DISTRICT), PIN - 682018
BY ADV GOVERNMENT PLEADER
ADV. MAYA M N
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6562 OF 2022
CRIME NO.2035/2020 OF Muvattupuzha Police Station,
Ernakulam
PETITIONER/ACCSUED:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
USHASREE HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
M.S.ANEER
V.VINAY
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER, MOOVATTUPUZHA POLICE
STATION, (CRIME NO 2035 OF 2020 OF MOOVATTUPUZHA
POLICE STATION, ERNAKULAM DISTRICT), PIN - 686661
BY ADVS.
JOHNSON GOMEZ
S.BIJU (KIZHAKKANELA)
SANJAY JOHNSON
JOHN GOMEZ
ARUN JOHNY
PARSHATHY S.R.
SANJITH JOHNSON
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6577 OF 2022
CRIME NO.446/2019 OF CBCID, ERNAKULAM, Ernakulam
PETITIONER/ACCUSED:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
USHASREE HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
M.S.ANEER
V.VINAY
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
CRIME BRANCH, ERNAKULAM (CRIME NO.446/CBCUII/EKM
OF 2019 OF CRIME BRANCH, ERNAKULAM FORMERLY
REGISTERED AS CRIME NO. 1672/2019 OF MUSEUM
POLICE STATION, THIRUVANANTHAPURAM), PIN - 682018
A
BY ADV GOVERNMENT PLEADER
ADV. MAYA M N,
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6600 OF 2022
CRIME NO.1564/2019 OF Pala Police Station, Kottayam
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
USHASREE HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRACH, ERNAKULAM (CRIME NO. 1564/2019 OF
PALA POLICE STATION, KOTTAYAM DISTRICT), PIN -
682018
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6603 OF 2022
CRIME NO.444/2019 OF CBCID, ERNAKULAM, Ernakulam
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, AGED 55 YEARS, USHASREE
HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA -, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER, CRIME BRANCH ERNAKULAM
ERNAKULAM DISTRICT, (CBCID CRIME NO 444/CBCU II
EKM/2019 OF ERNAKULAM CRIME BRANCH FORMERLY
REGISTERED AS CRIME NO 767/2019 OF KURIVALANGADU
POLICE STATION, KOTTAYAM), PIN - 682018
BY ADV GOVERNMENT PLEADER
ADV.MAYA M N,
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6608 OF 2022
CRIME NO.447/2019 OF CBCID, ERNAKULAM, Ernakulam
AGAINST THE ORDER IN B A. 3184/2019 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
USHASREE HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENT/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRACH, ERNAKULAM (CBCD CRIME
NO.447/CB/KUII/EKM/R/19 OF ERNAKULAM CRIME BRACH
FORMALLY REGISTERED AS CRIME NO 1192/2019 OF
MOOVATTUPUZHA POLICE STATION), PIN - 682018
BY ADVS. GOVERNMENT PLEADER, ADV.MAYA M N
JOHNSON GOMEZ
S.BIJU (KIZHAKKANELA)
SANJAY JOHNSON
JOHN GOMEZ
ARUN JOHNY
ABIN JACOB MATHEW
DEEBU R.
REVATHI.B
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6610 OF 2022
CRIME NO.454/2019 OF CBCID, ERNAKULAM, Ernakulam
PETITIONER/ACCSUED NO.1:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
AGED 55 YEARS, USHASREE HOUSE, MATTOM NORTH,
THATTARAMBALAM P O, MAVELIKKARA, ALAPPUZHA 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRANCH ERNAKULAM ERNAKULAM DISTRICT, 682018
(CBCID CRIME NO 454/CBCU II EKM/2019 OF ERNAKULAM
CRIME BRANCH FORMERLY REGISTERED AS CRIME NO
691/2019 OF NEDUMBASSERY AIRPORT POLICE STATION,
ERNAKULAM), PIN - 682018
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6617 OF 2022
CRIME NO.451/2019 OF CBCID, ERNAKULAM, Ernakulam
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, AGED 55 YEARS, USHASREE
HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
M.S.ANEER
RESPONDENTS/STATE:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRACH, ERNAKULAM (CRIME NO.451/CBCU II EKM
OF 2019 OF CBCID, ERNAKULAM CRIME BRACH FORMERLY
REGISTERED AS CRIME NO 1231 OF 2019 OF POOJAPURA
POLICE STATION), PIN - 682018
BY ADV GOVERNMENT PLEADER
ADV.MAYA M N
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6618 OF 2022
CRIME NO.37/CBCU II EKM OF 2020 OF CBCID, ERNAKULAM
FORMERLY REGISTERED AS CRIME NO.290/2019 OF PERINTHALMANNA
POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, USHASREE HOUSE, MATTOM
NORTH, THATTARAMBALAM P O, MAVELIKKARA,
ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRACH, ERNAKULAM (CRIME NO.37/CBCU II EKM
OF YEAR 2020 OF CBCID, ERNAKULAM FORMERLY
REGISTERED AS CRIME NO. 290/2019 OF
PERINTHALMANNA POLICE STATION, MALAPPURAM)
PIN - 679322
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6639 OF 2022
CRIME NO.442/2019 OF CBCID, ERNAKULAM, Ernakulam
PETITIONER/ACCUSED:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, USHASREE HOUSE, MATTOM
NORTH, THATTARAMBALAM P O, MAVELIKKARA,
ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRACH, ERNAKULAM (CRIME NO.442/CBCU II EKM
OF YEAR 2019 OF CBCID, ERNAKULAM FORMERLY
REGISTERED AS CRIME NO. 1334/2019 OF MEDICAL
COLLEGE POLICE STATION, THIRUVANANTHAPURAM), PIN
- 682018
BY ADV GOVERNMENT PLEADER
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6640 OF 2022
CRIME NO.1989/2019 OF Muvattupuzha Police Station,
Ernakulam
PETITIONER/ACCUSED:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
USHASREE HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER, MOOVATTUPUZHA POLICE
STATION (CRIME NO. 1989/2019 OF MOOVATTUPUZHA
POLICE STATION, ERNAKULAM), PIN - 686661
BY ADVS.
GOVERNMENT PLEADER, ADV.MAYA M N
JOHNSON GOMEZ
ARUN JOHNY
SANJITH JOHNSON
PARSHATHY S.R.
S.BIJU (KIZHAKKANELA)
SANJAY JOHNSON
JOHN GOMEZ
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6645 OF 2022
CRIME NO.429/2019 OF Parippally Police Station, Kollam
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS, S/O SIVARAMA PILLAI,
USHASREE HOUSE, MATTOM NORTH, THATTARAMBALAM P O,
MAVELIKKARA, ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CRIME BRACH, ERNAKULAM (CRIME NO.443/CBCU II EKM
OF YEAR 2019 OF CBCID, ERNAKULAM FORMERLY
REGISTERED AS CRIME NO. 429/2019 OF PARIPALLY
POLICE STATION, KOLLAM), PIN - 691574
BY ADVS.
JOHNSON GOMEZ
S.BIJU (KIZHAKKANELA)
SANJAY JOHNSON
JOHN GOMEZ
ARUN JOHNY
SANJITH JOHNSON
PARSHATHY S.R.
ADV.MAYA M N, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
BAIL APPL. NO. 6649 OF 2022
CRIME NO.538/2019 OF Payyannur Police Station, Kannur
PETITIONER/ACCUSED NO.1:
SURESH KUMAR, AGED 55 YEARS
S/O SIVARAMA PILLAI, USHASREE HOUSE, MATTOM
NORTH, THATTARAMBALAM P O, MAVELIKKARA,
ALAPPUZHA, PIN - 690103
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENTS/STATE:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH
COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER, CRIME BRACH, ERNAKULAM
(CRIME NO.452/CBCU II EKM OF YEAR 2019 OF CBCID,
ERNAKULAM FORMERLY REGISTERED AS CRIME NO.
538/2019 OF PAYANNUR POLICE STATION, KANNUR RURAL
DISTRICT, PIN - 670307
BY ADV GOVERNMENT PLEADER
MAYA M N
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH Bail Appl..6549/2022 AND CONNECTED
CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:
B.A.6549/2022 and connected cases 17
P. V. KUNHIKRISHNAN, J.
------------------------------------------- Bail Application Nos.6549, 6555, 6556, 6560, 6562, 6577, 6600, 6603, 6608, 6610, 6617, 6618, 6639, 6640, 6645 and 6649 of 2022
------------------------------------------- Dated this the 14th day of August, 2023
COMMON ORDER
These bail applications are filed by the same petitioner who is
involved in 16 cases. The allegation against the petitioner in all these
cases are same. Therefore, I am disposing of these cases by a
common order.
2. The petitioner is the accused in Crime Nos.441/19,
442/19, 443/19, 444/19, 445/19, 446/19, 447/19, 448/19, 449/19,
451/19, 452/19, 454/19, 465/19, 507/19, 37/2020 and 290/2020 of
CBCU2, Thripunithura. The case is registered against the petitioner
based on a complaint preferred by 16 investors at various police
stations across the State alleging that the petitioner in these cases,
his wife and one Roy V. Kuruvila had collected large sums of money
(About Rs.12 Crores) from the complainants by offering shares and
dividends from a textile business. But the accused have cheated the
complainants by misusing and misappropriating the cash collected B.A.6549/2022 and connected cases 18
from the investors for their own use by creating forged vouchers,
manipulation of accounts, and without any accounts is the
prosecution case.
3. Being dissatisfied by the investigation conducted by the
local police, the defacto complainants in these cases filed writ
petition before this Court and this Court as per judgment dated
06.08.2019 in W.P(C).No.13662/2019 directed to transfer the
investigation of the above cases registered against the petitioner and
others to the Crime Branch Central Unit 2. Accordingly, the above
cases are registered by the Crime Branch.
4. Heard learned counsel for the petitioner and the learned
Public Prosecutor. I also heard the counsel appearing for the victims.
5. The learned counsel for the petitioner reiterated his
contentions based on the pleadings in the bail applications. The
learned counsel submitted that the custodial interrogation of the
petitioner is not necessary and also submitted that, even as per the
prosecution, the cases are to be proved through documentary
evidence. The petitioner also submitted that he is ready to
co-operate with the investigation and the other accused were already
released on bail. The learned Public Prosecutor very seriously
opposed the bail application. Learned Public Prosecutor submitted
that the petitioner is absconding since the inception of the cases. For
that simple reason, the learned Public Prosecutor submitted that the
discretionary jurisdiction under Section 438 Cr.P.C may not be
invoked in this case. The learned Public Prosecutor submitted that
the petitioner committed serious offences by defrauding several
investors and therefore the petitioner is not entitled for bail under
Section 438 Cr.P.C. The counsel appearing for the victim also
opposed the bail application. He narrated the serious fraud
committed by the accused in detail.
6. This Court considered the contention of the petitioner
and the learned Public Prosecutor. When these bail applications
came up for consideration on 24.07.2023, this Court passed the
following order:
'The petitioner in these cases will appear before the Investigating Officer on 01.08.2023 and 02.08.2023 of August, 2023 for interrogation and the petitioner shall not be arrested after interrogation. The Investigating Officer shall submit a report before this Court after interrogation.
Post on 07.08.2023.'
7. As directed by this Court, the petitioner surrendered B.A.6549/2022 and connected cases 20
before the Investigating Officer and he was interrogated by the
Investigating Officer on 01.08.2023 and 02.08.2023. The
Investigating Officer submitted a report before the Court stating that
the petitioner is not co-operating with the investigation. It is also
submitted by the Investigating Officer that contradictory statements
with regard to the commission of crime and evidence collected were
given by the accused so as to deceive the investigating agency. A
detailed report is submitted before this Court by the Investigating
Officer in which it is stated that the custodial interrogation of the
petitioner is necessary. The reason for the custodial interrogation is
mentioned in the report in detail, which is extracted hereunder:
'1. As the crimes registered are under section 420, 406, 468, 471, 380 and the accused is required in costody for effecting recovery.
2. The mobile phones used by the accused through which he had communicated with the witnesses through a banned app by name IMO has to be recovered for the purpose of evidence and for de- cyphering the chats and messages in respect of the transactions made when the accused was under cover
3. During interrogation it has come to light that his associate and aid one Smitha, native of Muvattupuzha has committed suicide during 2018 while she was
working the chief accountant of Davani Silks Pvt. Ltd. The evidences collected and the witnesses questioned substantiated that all payment vouchers and receipts were created in the hand writing of the deceased and she was given with rewards for her acts in the crime. Moreover though she is closely associated with A1, and A1 was present at Muvattupuzha, he has not attended her funeral functions which cast a shadow of doubt on his activities. In this regard a case in Crime 2106/18 U/s 174 CrPC was registered at Muvattupuzha police station and later the same was finally reported. More probes is required to unearth the mystery behind the death of A1's close associates and who and what prompts her to forge false vouchers and deceptive entries in ledgers in favour of A1.
4. Sample Handwriting and signatures of the accused has to be obtained for comparison.
5. No solid assets were disclosed by the accused during interrogation. But there exists voice message of accused that he had acquired large extend of lands at Tirunelveli and different parts of Kerala and Tamilnadu from the proceeds of crime and the same has to be unearthed.
6. There is information that he leased out large extent of agricultural lands in Guddallur and Cumbur. The source of money expended for the purpose has to be verified.
7. One Rajesh, resident of Mavelikkara who was his driver during his early days of hide out later committed suicide. The accused has used the mobile number issued against the name of deceased Rajesh Kumar after his
death over a period of time. There is suspicious in the death of Rajesh and same has to be investigated in detail.
8. Voice sample of the accused has to be collected.
9. A series of purchase bills were forged by A1 in order to divert funds to his account were revealed during audit and investigation. The source of such forged documents has to be found out.
10. The bank statements indicate that he had been supplemented with funds from abroad. The source of the funds has to be found out.
11. The account and ledger statements of Davani Silks indicates that A1 has given a loan of Rs. 2,38,11,821/- to the company for its requirements. But the accused has not able to substantiate either the source or the mode and manner by which the money was given to the company. The ledger account has to be verified in the presence of accused and those who handled the documents are to be questioned in the presence of accused.
12. The share certificates and vouchers issued by A1 in order to satisfy the investors has to be verified in the presence of accused.
13. Even when the accused was absconding he had used to contact those who are acquainted with the facts and circumstances of the cases and he offered them promises for giving statements in his favour. If the accused is let off without being interrogated in custody there is all possibility that he may indulge in activities to hamper evidences and cause hindrance to. the investigation.
14. The custodial interrogation of the accused is inevitable as various documents related with day to day affairs of the company are taken away by the accused and the same has to be recovered.
15. The source of the forged documents and its recovery can only be traced by a custodial interrogation. From his antecedents it is clear that he used to abscond after commission of a crime. If bail is granted there is all possibility that he may abscond and evade the process of trial.
16. It is suspected that the accused had amassed large assets by fraudulent means. Details of such amassments can be collected only through custodial interrogation.'
8. From the above facts, I am of the considered opinion that,
this is not a fit case in which the petitioner can be released on bail
under Section 438 Cr.P.C. Very serious allegations are there against
the petitioner. Custodial interrogation of the petitioner is necessary.
Moreover, the allegation against the petitioner is that he defrauded
several investors. The petitioner committed an economic offence.
Such offences are in effect "Economic Murder". The allegation is
that, the accused defrauded large number of investors who paid huge
amount to them. In such cases, the jurisdiction of this Court to grant
bail is very limited in the light of the Apex Court judgment in Jagan
Mohan Reddy Y.S. V Central Bureau of Investigation (2013 B.A.6549/2022 and connected cases 24
KHC 4402). Therefore, I am of the considered opinion that the
petitioner is not entitled to any discretionary reliefs.
Therefore these bail applications are dismissed.
Sd/-
P. V. KUNHIKRISHNAN JUDGE Sbna/ B.A.6549/2022 and connected cases 25
APPENDIX OF BAIL APPL. 6555/2022
PETITIONER ANNEXURES Annexure I A COPY OF THE FIR IN CRIME NO 817/2019 REGISTERED BY ERATTUPETTAH POLICE STATION, KOTTAYAM DISTRICT Annexure II A COPY OF THE BAIL ORDER IN BA NO 5408/2020 Annexure III A COPY OF THE BAIL ORDER IN BA NO 7083/2020 B.A.6549/2022 and connected cases 26
APPENDIX OF BAIL APPL. 6556/2022
PETITIONER ANNEXURES Annexure I A COPY OF THE FIR IN CRIME NO 1288/2019 REGISTERED BY ADOOR POLICE STATION PATHANAMTHITTA Annexure II A COPY OF THE BAIL ORDER IN BA NO 5407/2020 B.A.6549/2022 and connected cases 27
APPENDIX OF BAIL APPL. 6560/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO 184/2019 OF VYTHIRI POLICE STATION, WAYANAD DISTRICT Annexure-II A COPY OF THE COMMON BAIL ORDER IN BA NO 5370/2020 Annexure-III A COPY OF THE COMMON ORDER OF BAIL APPLICATION IN BA NO 7086 OF 2020 B.A.6549/2022 and connected cases 28
APPENDIX OF BAIL APPL. 6562/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO 2035 OF 2020 OF MOOVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT B.A.6549/2022 and connected cases 29
APPENDIX OF BAIL APPL. 6577/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO. 1672/2019 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM Annexure-II A COPY OF THE ORDER IN BA NO 7082 OF
B.A.6549/2022 and connected cases 30
APPENDIX OF BAIL APPL. 6600/2022
PETITIONER ANNEXURES Annx-I A COPY OF THE FIR IN CRIME NO. 1564/2019 REGISTERED BY PALA POLICE STATION, KOTTAYAM Annx-II A COPY OF THE BAIL ORDER IN BA NO 5372 OF 2020 Annx-III A COPY OF THE ORDER OF BAIL APPLICATION IN BA NO 7045 OF 2020 IN WHICH THIS HON'BLE COURT GRANTED ANTICIPATORY BAIL TO 3RD ACCUSED B.A.6549/2022 and connected cases 31
APPENDIX OF BAIL APPL. 6603/2022
PETITIONER ANNEXURES Annexure I A COPY OF THE FIR IN CRIME NO 767/2019 REGISTERED BY KURIVALANGADU POLICE STATION Annexure II A COPY OF THE BAIL ORDER IN BA NO 5437/2020 Annexure III A COPY OF THE BAIL ORDER IN BA NO 7087/2020 B.A.6549/2022 and connected cases 32
APPENDIX OF BAIL APPL. 6608/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO 1192/2019 OF MOOVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT Annexure-II A COPY OF THE ORDER IN BA NO 3184 OF
Annexure-III A COPY OF THE ORDER IN BA NO. 6179 OF
B.A.6549/2022 and connected cases 33
APPENDIX OF BAIL APPL. 6610/2022
PETITIONER ANNEXURES Annexure1 A COPY OF THE FIR IN CRIME NO 691/2019 REGISTERED BY NEDUMBASSERY AIRPORT POLICE STATION, ERNAKULAM Annexure II A COPY OF THE BAIL ORDER IN BA NO 5410/2020 Annexure III A COPY OF THE BAIL ORDER IN BA NO 7081/2020 B.A.6549/2022 and connected cases 34
APPENDIX OF BAIL APPL. 6617/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO 1231 OF 2019 OF POOJAPURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure-II A COPY OF THE ORDER IN BA NO 7126 OF
B.A.6549/2022 and connected cases 35
APPENDIX OF BAIL APPL. 6618/2022
PETITIONER ANNEXURES Annx-I A COPY OF THE FIR IN CRIME NO. 290/2019 OF PERINTHALMANNA POLICE STATION, MALAPPURAM Annx-II A COPY OF THE BAIL ORDER IN BA NO 5438 OF 2020 IN WHICH THE COURT GRANTED ANTICIPATORY BAIL TO THE 2ND ACCUSED Annx-III A COPY OF THE ORDER OF BAIL APPLICATION IN BA NO 7084 OF 2020 IN WHICH THIS HON'BLE COURT GRANTED ANTICIPATORY BAIL TO 3RD ACCUSED B.A.6549/2022 and connected cases 36
APPENDIX OF BAIL APPL. 6639/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO 1334/2019 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM Annexure-II A COPY OF THE BAIL ORDER IN BA NO 5409 OF 2020 Annexure-III A COPY OF THE ORDER OF BAIL APPLICATION IN BA NO 7124 OF 2020 B.A.6549/2022 and connected cases 37
APPENDIX OF BAIL APPL. 6640/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO. 1989/2019 OF MOOVATTUPUZHA POLICE STATION, ERNAKULAM Annexure-II A COPY OF THE BAIL ORDER IN BA NO 5723 OF 2020 B.A.6549/2022 and connected cases 38
APPENDIX OF BAIL APPL. 6645/2022
PETITIONER ANNEXURES Annexure-I . A COPY OF THE FIR IN CRIME NO.
429/2019 OF PARIPALLY POLICE STATION, KOLLAM Annexure-II A COPY OF THE BAIL ORDER IN BA NO 5406 OF 2020 Annexure-III A COPY OF THE ORDER OF BAIL APPLICATION IN BA NO 7085 OF 2020 B.A.6549/2022 and connected cases 39
APPENDIX OF BAIL APPL. 6649/2022
PETITIONER ANNEXURES Annx-I A COPY OF THE FIR IN CRIME NO. 538/2019 OF PAYANNUR POLICE STATION, KANNUR RURAL DISTRICT Annx-II A COPY OF THE ORDER OF BAIL APPLICATION IN BA NO 7125 OF 2020 IN WHICH THIS HON'BLE COURT GRANTED ANTICIPATORY BAIL TO 3RD ACCUSED B.A.6549/2022 and connected cases 40
APPENDIX OF BAIL APPL. 6549/2022
PETITIONER ANNEXURES Annexure-I A COPY OF THE FIR IN CRIME NO 808 OF 2019 OF ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT Annexure-II A COPY OF THE BAIL ORDER IN BA NO 5439 OF 2020 Annexure-III A COPY OF THE ORDER OF BAIL APPLICATION IN BA NO 7046 OF 2020
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