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Paul Gladson vs State Of Kerala
2023 Latest Caselaw 10708 Ker

Citation : 2023 Latest Caselaw 10708 Ker
Judgement Date : 17 October, 2023

Kerala High Court
Paul Gladson vs State Of Kerala on 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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