Jacob Shijo vs State Of Kerala
2023 Latest Caselaw 13030 Ker

Kerala High Court

Jacob Shijo vs State Of Kerala on 13 December, 2023

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA,
                              1945
                  BAIL APPL. NO. 9779 OF 2023
  CRIME NO.2565/2023 OF CRIME BRANCH, ERNAKULAM, Ernakulam
   AGAINST THE ORDER IN CRMC 2816/2023 OF DISTRICT COURT &
                   SESSIONS COURT, ERNAKULAM


PETITIONER/ACCUSED NO.3:


          JACOB SHIJO,
          AGED 39 YEARS
          MADAMAKKAL HOUSE, PALLURUTHYP.O,
          ERNAKULAM, PIN - 682006


          BY ADV N.V.VINAY


RESPONDENT/COMPLAINANT

          STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

          SMT. T.V. NEEMA, SR.PP & SRI. M.C. ASHI, PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2023, ALONG WITH Bail Appl..9784/2023, 9785/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9779 & Conn.cases of 2023

                                   :2:



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA,
                             1945
                 BAIL APPL. NO. 9784 OF 2023
  CRIME NO.2835/2023 OF CRIME BRANCH, ERNAKULAM, Ernakulam


PETITIONER/ACCUSED NO.2:

           JACOB SHIJO,
           AGED 39 YEARS
           MADAMAKKAL HOUSE, PALLURUTHYP.O,
           ERNAKULAM, PIN - 682006

           BY ADV N.V.VINAY


RESPONDENT/COMPLAINANT


           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031


           SMT. T.V. NEEMA, SR.PP & SRI. M.C. ASHI, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2023, ALONG WITH Bail Appl..9779/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.9779 & Conn.cases of 2023

                                   :3:



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA,
                             1945
                 BAIL APPL. NO. 9785 OF 2023
  CRIME NO.2566/2023 OF CRIME BRANCH, ERNAKULAM, Ernakulam


PETITIONER/ACCUSED NO.3:


           JACOB SHIJO,
           AGED 39 YEARS
           MADAMAKKAL HOUSE, PALLURUTHYP.O,
           ERNAKULAM, PIN - 682006

           BY ADV N.V.VINAY


RESPONDENT/COMPLAINANT

           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031

           SMT. T.V. NEEMA, SR.PP & SRI. M.C. ASHI, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2023, ALONG WITH Bail Appl..9779/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.9779 & Conn.cases of 2023

                                   :4:



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA,
                             1945
                 BAIL APPL. NO. 9787 OF 2023
  CRIME NO.2567/2023 OF CRIME BRANCH, ERNAKULAM, Ernakulam


PETITIONER/ACCUSED NO.3:

           JACOB SHIJO,
           AGED 39 YEARS
           MADAMAKKAL HOUSE, PALLURUTHYP.O,
           ERNAKULAM, PIN - 682006

           BY ADV N.V.VINAY


RESPONDENT/COMPLAINANT


           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031


           SMT. T.V. NEEMA, SR.PP & SRI. M.C. ASHI, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2023, ALONG WITH Bail Appl..9779/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.9779 & Conn.cases of 2023

                                   :5:



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA,
                             1945
                 BAIL APPL. NO. 9791 OF 2023
  CRIME NO.2570/2023 OF CRIME BRANCH, ERNAKULAM, Ernakulam


PETITIONER/ACCUSED NO.1:

           JACOB SHIJO,
           AGED 39 YEARS
           MADAMAKKAL HOUSE, PALLURUTHYP.O,
           ERNAKULAM, PIN - 682006

           BY ADV N.V.VINAY


RESPONDENT/COMPLAINANT


           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031


           SMT. T.V. NEEMA, SR.PP & SRI. M.C. ASHI, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2023, ALONG WITH Bail Appl..9779/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.9779 & Conn.cases of 2023

                                   :6:



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA,
                             1945
                 BAIL APPL. NO. 9794 OF 2023
  CRIME NO.2834/2023 OF CRIME BRANCH, ERNAKULAM, Ernakulam


PETITIONER/ACCUSED NO.2:


           JACOB SHIJO,
           AGED 39 YEARS
           MADAMAKKAL HOUSE, PALLURUTHYP.O,
           ERNAKULAM, PIN - 682006


           BY ADV N.V.VINAY


RESPONDENT/COMPLAINANT


           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031


           SMT. T.V. NEEMA, SR.PP & SRI. M.C. ASHI, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2023, ALONG WITH Bail Appl..9779/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.9779 & Conn.cases of 2023

                                   :7:




                     COMMON ORDER

Dated this the 13th day of December 2023

In all these cases the petitioner is one of the accused

the details of which are as follows:

                     B.A.No              Crime No         Rank


   1.              9779/2023             9779/2023            A3


   2.              9784/2023             2835/2023            A2


   3.              9785/2023             2566/2023            A3


   4.              9787/2023             2567/2023            A3


   5.              9791/2023             2570/2023            A1


   6.              9794/2023             2834/2023            A2

2. The offences alleged alleged against the petitioner in

all these cases are under Sections 420 and 406 r/w 34 of the

Indian Penal Code, registered by the Crime Branch,

Ernakulam.

B.A.No.9779 & Conn.cases of 2023

3. The prosecution allegation is that the accused, in

order to obtain unlawful gain made believe the defacto

complainant that if he is investing money in the Masters

Finserve, they will deposit the amount in share market and

will provide profit every month to the defacto complainant

and accordingly, the defacto complainant has issued

Rs.5,00,00,000/-. After receiving the amount, the accused

failed to repay the capital and interest and thereby alleged to

have committed the aforesaid offences.

3. The learned counsel appearing for the petitioner and

the learned Public Prosecutor were heard.

4. Considering the fact that the petitioner was only an

employee and was in judicial custody for 43 days, and as part

of the conditions for granting bail, he is appearing before the

investigating officer every Wednesday and Thursday, I do not

find that custodial interrogation of the petitioner is

necessary.

5. Therefore, I am inclined to grant anticipatory bail to

the petitioner on the following conditions:-

B.A.No.9779 & Conn.cases of 2023

(i) The petitioner is directed to surrender before

the Investigating Officer within a week from today

and on such surrender, the Investigating Officer

can interrogate the petitioner. In the event of his

arrest, the Investigating officer shall produce the

petitioner before the jurisdictional court on the

date of surrender itself.

(ii) On such production, the jurisdictional court

shall release the petitioner on bail, on executing a

bond for Rs.25,000/- (Rupees Twenty five

thousand only) by the petitioner and by two

solvent sureties each for the like sum to the

satisfaction of the jurisdictional court.

(iii) The petitioner shall report before the

Investigating Officer as and when directed.

(iv) The petitioners shall furnish their address and

their mobile numbers to the Court as well as to

the Investigating Officer.

(v) The petitioner shall not intimidate the

witnesses or interfere with the Investigation in

any manner.

B.A.No.9779 & Conn.cases of 2023

(vi) The petitioner shall not be involved in any

offence while on bail.

(vii) If any of the above conditions is violated, the

court concerned will be empowered to take steps

for cancellation of bail as per law.

It is made clear that it is within the power of police to

investigate the matter and if necessary to effect recoveries on the

information if any given by the petitioner, even when the

petitioner is on bail as per the judgment of the Apex Court in

Sushila Aggarwal and others V. State ( NCT of Delhi) and another

[2021 (1) KHC 663].

Sd/-

MOHAMMED NIAS C.P., JUDGE mtk B.A.No.9779 & Conn.cases of 2023

APPENDIX OF BAIL APPL. 9784/2023

PETITIONER ANNEXURES THE TRUE COPY OF THE FIR NO. 2835 OF 2023 Annexure A1 OF CRIME BRANCH PS ERNAKULAM THE TRUE COPY OF THE APPOINTMENT LETTER Annexure A2 ISSUED BY THE 1ST ACCUSED TO THE PETITIONER THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A3 NSE THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A4 BSE THE TRUE COPY OF THE COMPUTER EXTRACT OF THE RESIGNATION LETTER DATED 04/11/2022 Annexure A5 SENT AS EMAIL BY THE PETITIONER TO THE 1ST ACCUSED THE TRUE COPY OF THE ORDER OF HON'BLE AnnexureA6 HIGH COURT DATED 17.08.2023 THE TRUE COPY OF THE ORDER DATED Annexure A7 16.10.2023 IN CRL MC NO.2820/2023 OF HON'BLE SESSIONS COURT ERNAKULAM THE TRUE COPY OF THE ORDER OF ADDL. Annexure A8 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2815/2023 THE TRUE COPY OF THE ORDER OF ADDL. Annexure A9 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2817/2023 THE TRUE COPY OF THE ORDER OF ADDL. Annexure A10 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2818/2023 THE TRUE COPY OF THE ORDER OF ADDL. Annexure A11 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2819/2023 THE TRUE COPY OF THE ORDER OF ADDL. Annexure A12 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2821/2023 B.A.No.9779 & Conn.cases of 2023

APPENDIX OF BAIL APPL. 9785/2023

PETITIONER ANNEXURES THE TRUE COPY OF THE FIR NO.2566 OF 2023 Annexure A1 OF CRIME BRANCH PS ERNAKULAM THE TRUE COPY OF THE APPOINTMENT LETTER Annexure A2 ISSUED BY THE 1ST ACCUSED TO THE PETITIONER THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A3 NSE THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A4 BSE THE TRUE COPY OF THE COMPUTER EXTRACT OF THE RESIGNATION LETTER DATED04.11.2023 Annexure A5 SENT AS EMAIL BY THE PETITIONER TO THE 1ST ACCUSED THE TRUE COPY OF THE ORDER OF HON'BLE Annexure A6 HIGH COURT DATED 17.08.2023 THE TRUE COPY OF ORDER OF ADDL SESSIONS Annexure A7 COURT-VII ERNAKULAM DATED 18.10.2023 IN

THE TRUE COPY OF ORDER OF ADDL SESSIONS Annexure A8 COURT-VII ERNAKULAM DATED 18.10.2023 IN

THE TRUE COPY OF ORDER OF ADDL SESSIONS Annexure A9 COURT-VII ERNAKULAM DATED 18.10.2023 IN

THE TRUE COPY OF ORDER OF ADDL SESSIONS Annexure A10 COURT-VII ERNAKULAM DATED 18.10.2023 IN

THE TRUE COPY OF ORDER OF ADDL SESSIONS Annexure A11 COURT-VII ERNAKULAM DATED 18.10.2023 IN

B.A.No.9779 & Conn.cases of 2023

APPENDIX OF BAIL APPL. 9787/2023

PETITIONER ANNEXURES THE TRUE COPY OF THE FIR NO. 2567 OF 2023 Annexure A1 OF CRIME BRANCH PS ERNAKULAM THE TRUE COPY OF THE APPOINTMENT LETTER Annexure A2 ISSUED BY THE 1ST ACCUSED TO THE PETITIONER THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A3 NSE THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A4 BSE THE TRUE COPY OF THE COMPUTER EXTRACT OF THE RESIGNATION LETTER DATED 04.11.2023 Annexure A5 SENT AS EMAIL BY THE PETITIONER TO THE 1ST ACCUSED THE TRUE COPY OF THE ORDER OF THE HON'BLE Annexure A6 HIGHCOURT DATED 17.08.2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A7 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2815/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A8 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2817/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A9 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2818/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A10 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2819/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A11 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2821/2023 B.A.No.9779 & Conn.cases of 2023

APPENDIX OF BAIL APPL. 9791/2023

PETITIONER ANNEXURES THE TRUE COPY OF THE FIR NO. 2570 OF 2023 Annexure A1 OF CRIME BRANCH PS ERNAKULAM THE TRUE COPY OF THE APPOINTMENT LETTER Annexure A2 ISSUED BY THE 2ND ACCUSED TO THE PETITIONER THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A3 NSE THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A4 BSE THE TRUE COPY OF THE COMPUTER EXTRACT OF THE RESIGNATION LETTER DATED 04.11.2022 Annexure A5 SENT AS EMAIL BY THE PETITIONER TO THE 2ND ACCUSED THE TRUE COPY OF THE ORDER OF THE HON'BLE Annexure A6 HIGH COURT DATED 17.08.2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A7 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2815/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A8 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2817/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A9 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2818/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A10 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2819/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure 11 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2821/2023 B.A.No.9779 & Conn.cases of 2023

APPENDIX OF BAIL APPL. 9794/2023

PETITIONER ANNEXURES THE TRUE COPY OF THE FIR NO. 2834 OF 2023 Annexure A1 OF CRIME BRANCH PS ERNAKULAM THE TRUE COPY OF THE APPOINTMENT LETTER Annexure A2 ISSUED BY THE 1ST ACCUSED TO THE PETITIONER THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A3 NSE THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A4 BSE THE TRUE COPY OF THE COMPUTER EXTRACT OF THE RESIGNATION LETTER DATED 04.11.2023 Annexure A5 SENT AS EMAIL BY THE PETITIONER TO THE 1ST ACCUSED THE TRUE COPY OF THE ORDER OF THE HON'BLE Annexure A6 HIGH COURT DATED 17.08.2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A7 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2815/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A8 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2817/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A9 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2818/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A10 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2819/2023 THE TRUE COPY OF THE ORDER OF ADDL Annexure A11 SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO 2821/2023 B.A.No.9779 & Conn.cases of 2023

APPENDIX OF BAIL APPL. 9779/2023 PETITIONER ANNEXURES THE TRUE COPY OF THE FIR NO.2565 OF 2023 Annexure A1 OF CRIME BRANCH PS ERNAKULAM THE TRUE COPY OF THE APPOINTMENT LETTER Annexure A2 ISSUED BY THE 1ST ACCUSED TO THE PETITIONER THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A3 NSE THE TRUE COPY OF THE APPROVAL LETTER OF Annexure A4 BSE THE TRUE COPY OF THE COMPUTER EXTRACT OF RESIGNATION LETTER DATED 04.11.2022 SENT Annexure A5 AS EMAIL BY THE PETITIONER TO THE 1ST ACCUSED THE TRUE COPY OF THE HON'BLE HIGH COURT Annexure A6 DATED 17.08.2023 THE TRUE COPY OF THE ORDER DATED Annexure A7 16.10.2023 IN CRL MC NO.2816/2023 OF HON'BLE SESSIONS COURT ERNAKULAM THE TRUE COPY OF THE ORDER OF Annexure A8 ADDL.SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2815 THE TRUE COPY OF THE ORDER OF Annexure A9 ADDL.SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2817 THE TRUE COPY OF THE ORDER OF Annexure A10 ADDL.SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2818 THE TRUE COPY OF THE ORDER OF Annexure A11 ADDL.SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2819 THE TRUE COPY OF THE ORDER OF Annexure A12 ADDL.SESSIONS COURT-VII ERNAKULAM DATED 18.10.2023 IN CRL MC NO.2821