Citation : 2023 Latest Caselaw 10708 Ker
Judgement Date : 17 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17th DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
BAIL APPL. NO. 6824 OF 2023
(CRIME NO.14 OF 2023 OF TOWN WEST POLICE STATION)
PETITIONER
PAUL GLADSON,
AGED 52 YEARS
S/O LATE V.K PAUL, RESIDING AT BUILDING NO. 154, 3RD
STREET, Y BLOCK, ANNA NAGAR, CHENNAI, PIN - 600099
BY ADV JOSEPH T.JOHN
RESPONDENT/S:
STATE OF KERALA,
1 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
THE STATION HOUSE OFFICER,
2 THRISSUR WEST POLICE STATION, THRISSUR DISTRICT.,
PIN - 680004
OTHER PRESENT:
SRI.P.G.MANU(MAMMALASSERY), SR.PP, SMT.T.V.NEEMA,
SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2023, ALONG WITH Bail Appl..6825/2023, 6826/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 6824 of 2023 and connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA,
1945
BAIL APPL. NO. 6825 OF 2023
(CRIME NO.83 OF 2023 OF KORATTY POLICE STATION)
PETITIONER:
PAUL GLADSON,
AGED 52 YEARS
S/O LATE V.K PAUL, RESIDING AT BUILDING NO.
154, 3RD STREET,Y BLOCK, ANNA NAGAR, CHENNAI,
PIN - 600099
BY ADV JOSEPH T.JOHN
RESPONDENTS
STATE OF KERALA,
1 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
THE STATION HOUSE OFFICER,
KORATTY POLICE STATION, KORATTYP.O, THRISSUR
2 DISTRICT, PIN - 680308
BY PP. SMT. T.V. NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17.10.2023, ALONG WITH Bail Appl..6824/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 6824 of 2023 and connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA,
1945
BAIL APPL. NO. 6826 OF 2023
(CRIME NO.66 OF 2023 OF ANGAMALI POLICE STATION)
PETITIONER
PAUL GLADSON,
AGED 52 YEARS
S/O LATE V.K PAUL, RESIDING AT BUILDING NO.
154,3RD STREET, Y BLOCK, ANNA NAGAR, CHENNAI,
PIN - 600099
BY ADV JOSEPH T.JOHN
RESPONDENTS
STATE OF KERALA,
1 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
THE STATION HOUSE OFFICER,
2 ANKAMALY POLICE STATION, ANKAMALY P.O,
ERNAKULAMDISTRICT., PIN - 683572
BY SMT. T.V. NEEMA PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17.10.2023, ALONG WITH Bail Appl..6824/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 6824 of 2023 and connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF OCTOBER 2023/ 25TH ASWINA, 1945
BAIL APPL. NO. 6827 OF 2023
(CRIME NO.1271 OF 2022 OF ADOOR POLICE STATION)
PETITIONER
PAUL GLADSON,
AGED 52 YEARS
S/O LATE V.K PAUL, RESIDING AT BUILDING NO.
154 3RD STREET,Y BLOCK ANNA NAGAR, CHENNAI,
PIN - 600099
BY ADV JOSEPH T.JOHN
RESPONDENT
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
1 KERALA, PIN - 682031
THE STATION HOUSE OFFICER,
ADOOR POLICE STATION, ADOOR P.O,
PATHANAMTHITTA DISTRICT, PIN - 691523
B.A. No. 6824 of 2023 and connected cases
5
SALEEM M
S/O. MUHAMMED HANEEFA RAWTHER, 285 [ 1 ] ,
3 ASHIK MANZIL, PARAKODE, ADOOR, PATHANAMTHITTA
IS IMPLEADED AS PER ORDER DATED 14.9.2023
BY ADVS.
MATHEW KURIAKOSE
K.R.ARUN
T.G.SUNIL (PERUMBAVOOR)
J.KRISHNAKUMAR (ADOOR)
C.N.PRAKASH
MONI GEORGE
SHAJI P.K.
BY PUBLIC PROSECUTOR SMT. T.V NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17.10.2023, ALONG WITH Bail Appl..6824/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 6824 of 2023 and connected cases
6
MOHAMMED NIAS C.P, J.
---------------------------------------------
B.A. Nos.6824, 6825, 6826 and 6827 of 2023
------------------------------------------------------
Dated this the 17th day of October, 2023
ORDER
Apprehending arrest in Crime No.14 of 2023 of Town
West Police Station, Crime No.83 of 2023 of 2023 of Koratty
Police Station, Crime No.66 of 2023 of Angamali Police Station
and Crime No.1271 of 2022 of Adoor Police Station, registered
for offences under Sections 406, 420 and 34 of IPC, the accused
has filed these petitions seeking pre-arrest bail.
2. The allegation against the petitioner is that he had
obtained money impersonating him as a Bishop so as to offer
admission to CMC Veloor for the year 2022. It is also alleged
that Rs.85,00,000/- have been collected promising admission.
Thus, the petitioner has committed the aforesaid offence as
alleged.
3. The learned counsel appearing for the petitioner and the
learned Public Prosecutor were heard. B.A. No. 6824 of 2023 and connected cases
4. The learned counsel for the defacto complainant points
out that several students have been cheated in an identical
manner.
5. After hearing the learned counsel for the petitioner and
the learned Public Prosecutor, it cannot be said that the offences
alleged are not attracted in the case. I had considered B.A.
Nos.8639/2023 and 8640/2023, wherein a similar allegation of
having taken money for admission to CMC Veloor Medical
College was considered and anticipatory bail was refused.
Considering all these facts, I am of the view that the petitioner is
not entitled to get anticipatory bail as it will adversely affect a
proper investigation.
5. Therefore, the following directions are issued:-
In the event the petitioner surrenders before the Investigating
Officer in three weeks, he shall be interrogated and thereafter,
shall be produced before the Magistrate having jurisdiction on
the date of surrender itself. If the petitioner moves for bail, the
court below shall, untrammelled by any of the observations in
this order, consider the bail application on merits as
expeditiously as possible. If the petitioner does not surrender B.A. No. 6824 of 2023 and connected cases
before the Investigating Officer, as directed above, the
Investigating Officer will be free to arrest the petitioner as if no
order has been passed in this case.
The bail applications are disposed of as above.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
B.A. No. 6824 of 2023 and connected cases
APPENDIX OF BAIL APPL. 6825/2023
PETITIONER ANNEXURES A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 29-1-2023 IN Annexure-I CRIME.NO.83/2023 BEFORE THE HON'BLE KORATTY POLICE STATION A TRUE COPY OF THE JUDGMENT IN THE CRIMINAL APPEAL.NO.2207/2023 BEFORE Annexure-II THE SUPREME COURT OF INDIA DATED 31-7-
B.A. No. 6824 of 2023 and connected cases
APPENDIX OF BAIL APPL. 6826/2023
PETITIONER ANNEXURES A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 25-1-2023 IN CRIME Annexure-I NO.66/2023 BEFORE THE ANGAMALI POLICE STATION A TRUE COPY OF THE PLAINT IN Annexure-II O.S.NO.4260/2023 BEFORE THE CITY CIVIL COURT CHENNAI DATED 9-6-2023 A TRUE COPY OF THE JUDGEMENT IN CRIMINAL APPEAL.NO.2207/2023 BEFORE Annexure-III THE HON'BLE SUPRE COURT OF INDIA DATED 31-7-2023 B.A. No. 6824 of 2023 and connected cases
APPENDIX OF BAIL APPL. 6827/2023
PETITIONER ANNEXURES A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 9-1-2022 IN CRIME Annexure-I NO.1271/2022 BEFORE THE ADOOR POLICE STATION A TRUE COPY OF THE PLAINT IN Annexure-II O.S.NO.4260/2023 DATED 9-6-2023 BEFORE THE CITY CIVIL COURT CHENNAI A TRUE COPY OF THE JUDGMENT IN CRIMINAL APPEAL.NO.2207/2023 BEFORE Annexure-III THE HON'BLE SUPREME COURT OF INDIA DATED 31-7-2023 RESPONDENT ANNEXURES A TRUE COPY OF THE COMPLAINT DATED 01.09.2022 SUBMITTED BY THE PETITIONER Annexure R 3 [ a ] HEREIN (DE-FACTO COMPLAINANT) BEFORE THE DY. S.P. ADOOR A TRUE COPY OF PRINT OUT OF AN ARTICLE TAKEN FROM THE WEBSITE 'CASEMINE.CO/JUDGEMENT/IN' REGARDING CRIMINAL ORIGINAL PETITION PENDING Annexure R 3 [ b ] BEFORE THE HON'BLE HIGH COURT OF MADRASS, WHEREIN PAUL GLADSON, THE PETITIONER IN THE BAIL APPLICATION IS A PARTY ALONG WITH THE TYPE WRITTEN COPY OF THE SAID ARTICLE A TRUE COPY OF PRINT OUT OF AN ARTICLE TAKEN FROM THE WEBSITE 'ARCHIVE.SIASAT.COM' REGARDING FOUR Annexure R 3 [ c ] FRAUDSTERS APPREHENDED BY ANDRA PRADESH CID ALONG WITH THE TYPE WRITTEN COPY OF THE SAID ARTICLE B.A. No. 6824 of 2023 and connected cases
APPENDIX OF BAIL APPL. 6824/2023
PETITIONER ANNEXURES A TRUE COPY OF THE FIR DATED Annexure-I 01.01.2023 IN CRIME.NO.14/2023 BEFORE THE THRISSUR WEST POLICE STATION A TRUE COPY OF THE PLAINT DATED 09.06.2023 IN OS 4260/2023 CITY CIVIL Annexure-II COURT AT CHENNAI FILED BY THE JACOB THOMAS A TRUE COPY OF THE JUDGMENT DATED Annexure-III 31.07.2023 IN CRL.APPEAL.NO.2207/2023 BEFORE THE SUPRE COURT OF INDIA
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