Kerala High Court
Mohammed Ashraf vs State Of Kerala on 27 October, 2023
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
BAIL APPL. NO. 6343 OF 2023
CRIME NO.0452/2023 OF Cherpulassery Police Station, Palakkad
PETITIONER/ACCUSED NO.3:
KRISHNANUNNI S,AGED 36 YEARS
SON OF SREEDHARA VARRIER, STAFF, VALLAPUZHA SERVICE
CO-OPERATIVE BANK, VALLAPUZHA, PALAKKAD DISTRICT,
NOW RESIDING AT THARAKKAL WARRIYAM, MULAYANKAVU
P.O., KULAKKALLUR , PALAKKAD DISTRICT, PIN - 679337
BY ADVS.
ASWINI SANKAR R.S.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI
S.M.PRASANTH
T.H.ARAVIND
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
CHERPULASSERY, PALAKKAD DISTRICT, PIN - 679503
BY SRI.P.G.MANU(MAMMALASSERy0 SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Bail Appl..6262/2023, 6350/2023 AND
CONNECTED CASES, THE COURT ON 27.10.2023 DELIVERED THE
FOLLOWING:
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
BAIL APPL. NO. 6262 OF 2023
CRIME NO.0452/2023 OF Cherpulassery Police Station, Palakkad
PETITIONER/ACCUSED:
MOHAMMED ASHRAF,AGED 45 YEARS
S/O MOHAMMEDKUTTY HAJI, RESIDING AT KALATHIL HOUSE,
VALLAPPUZHA, PALAKKAD, PRESIDENT, VALLAPPUZHA
SERVICE , CO-OPERATIVE BANK LTD., F 1207,
NELLAYA P.O, PALAKKAD DISTRICT, PIN - 679336
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
GILROY ROZARIO
SUNITHA G.
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
*2 MANSOOR ALI P,AGED 42 YEARS,
S/O. MUHAMMEDKUTTY, PALLIYALIL HOUSE,
CHOORAKODE P.O, VALLAPUZHA, PALAKKAD DISTRICT
(IS IMPLEADED AS ADDL R2 AS PER ORDER DT 19/09/23 IN
CRL MA 1/23 .
BY ADV A.HAROON RASHEED
SRI.P.G.MANU(MAMMALASSERY) SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Bail Appl..6343/2023 AND CONNECTED
CASES, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING:
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
BAIL APPL. NO. 6350 OF 2023
CRIME NO.0452/2023 OF CHERPULASSERY POLICE STATION, PALAKKAD
PETITIONER/ACCUSED :
GOPAKUMAR N, AGED 49 YEARS
SON OF RAMAN NAIR, STAFF (ACCOUNTANT), VALLAPUZHA
SERVICE CO-OPERATIVE BANK, VALLAPUZHA, PALAKKAD
DISTRICT, NOW RESING AT PADMALAYAM HOUSE,
MANNENGODE P.O., PALAKKAD DISTRICT, PIN - 679301
BY ADVS.
ASWINI SANKAR R.S.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI
S.M.PRASANTH
T.H.ARAVIND
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
CHERUPULASSERY POLICE STATION,
PALAKKAD DISTRICT, PIN - 679503
SRI.P.G.MANU(MAMMALASSERY) SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Bail Appl..6343/2023 AND CONNECTED
CASES, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING:
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
BAIL APPL. NO. 6356 OF 2023
CRIME NO.0452/2023 OF CHERPULASSERY POLICE STATION, PALAKKAD
PETITIONER/ACCUSED :
ANANDA PRASAD C,AGED 67 YEARS
SON OF NARAYANAN NAIR, RESIDING AT ABHIRAMAM,
VANDANTHARA, MANNENGODE P.O.,
PALAKKAD DISTRICT, PIN - 679307
BY ADVS.
ASWINI SANKAR R.S.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI
S.M.PRASANTH
T.H.ARAVIND
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
CHERUPULASSERY POLICE STATION,
PALAKKAD DISTRICT, PIN - 679503
BY SRI.P.G.MANU(MAMMALASSERY) SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Bail Appl..6343/2023 AND CONNECTED
CASES, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING:
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
5
MOHAMMED NIAS C.P., J.
---------------------
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
---------------------------
Dated this the 27th day of October, 2023
ORDER
The accused in Crime No.452/2023 of Cherpulassery Police Station,
alleging offences punishable under Section 420 r/w Section 34 of the IPC,
have filed this application seeking pre-arrest bail.
2. The second respondent - defacto complainant herein had
complained to the Joint Registrar of Co-operative Societies alleging that
the appointment of three persons mentioned therein has been made after
collecting huge amounts of money from them by the Committee in office
administering the Society. It is also pointed out that the entire selection is
vitiated.
3. Learned senior counsel Sri. K. Ramakumar argues that the
petitioner in BA No.6343/2023 is only a Peon, while the petitioner in BA
No.6350/2023 is the Accountant in the Society. He argues that the
petitioner in BA No.6343/2023, being a Peon himself, could not have
made any offer for an appointment. The allegation that he has taken
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
money is obviously wrong. As regards the petitioner in BA No.6356/2023,
he argues that he is not even a staff in the society to be implicated in the
crime. The petitioner in BA No.6262/2023 was the President of the
Committee at the relevant time. Learned counsel who appeared for the
said petitioner argues that the Joint Registrar has found that the selection
made is in order, and therefore, the allegation that money was taken is
obviously wrong.
4. The Learned Public Prosecutor who filed a report opposing the
bail application submits that the three persons had taken Rs.25,00,000/-
each so as to give the appointment, and it is a matter to be investigated,
including through a custodial interrogation.
5. Learned counsel who appeared for the defacto complainant
submitted that the selection process itself was challenged, and in the
earlier writ petition, there was a direction to conduct an enquiry into the
complaints. After that, the vigilance of the co-operative department
clearly found substance in the allegations of corruption, and therefore, a
proper investigation should be conducted, including a custodial
interrogation.
6. Having considered the rival submissions, I am of the view that
the petitioner in BA No.6343/2023 is only a Peon and prima facie, he
could not have either offered an appointment or taken money for that. I
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
find force in the contention of the senior learned Senior counsel as far as
the petitioner in BA No.6343/2023 is concerned. As regards the other
petitioners, it is to be noted that there are specific allegations made
against them in the enquiry, at least in the preliminary stage. I do not
think that the applicants, except the petitioner in BA No.6343/2023, are
entitled to anticipatory bail.
Under such circumstances, I dismiss the request for anticipatory
bail submitted by the accused in BA Nos. 6262/2023, 6350/2023 &
6356/2023. Therefore, the following directions are issued:-
In the event the petitioners surrender before the Investigating
Officer in two weeks, they shall be interrogated and thereafter,
shall be produced before the Magistrate having jurisdiction on
the date of surrender itself. If the petitioners move for bail, the
court below shall, untrammelled by any of the observations in
this order, consider the bail applications on merit as
expeditiously as possible. If the petitioners do not surrender
before the Investigating Officer, as directed above, the
Investigating Officer will be free to arrest the petitioners as if
no order has been passed in this case.
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
7. As far as the applicant in BA No.6343/2023, he will be entitled
to anticipatory bail. Under such circumstances, I am inclined to allow the
application on the following conditions:-
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 separate 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 co-operate with the investigation and
make himself available for interrogation and investigation as and
when the Investigating Officer directs them to do so.
(iv) The petitioner shall not intimidate the witnesses or interfere
with the Investigation in any manner.
v. The petitioner shall not be involved in any offence while on
bail.
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
vi. If any of the above conditions are 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 petitioners, even when the petitioners are 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].
Accordingly, BA No.6343/2023 is allowed, and BA Nos.6262/2023,
6350/2023 & 6356/2023 are dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/26.10.23
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
APPENDIX OF BAIL APPL. 6262/2023
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 10.02.2023 OF
THE JOINT REGISTRAR
Annexure A2 TRUE COPY OF THE ORDER DATED 05.06.2023 OF
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
Annexure A3 TRUE COPY OF THE INTERIM ORDER DATED
04.07.2023 IN W.P.(C).NO.20934/2023
Annexure A4 TRUE COPY OF THE ORDER DATED 06.07.2023 OF
THE REGISTRAR ADDRESSING THE JOINT
REGISTRAR
Annexure A5 TRUE COPY OF THE COMPLAINT DATED
21.07.2023 OF THE ASSISTANT REGISTRAR
BEFORE THE STATION HOUSE OFFICER,
CHERPULASSERY POLICE STATION
Annexure A6 TRUE COPY OF THE CIRCULAR NO.50/2021 DATED
04.12.2021 ISSUED BY THE REGISTRAR OF CO-
OPERATIVE SOCIETIES
Annexure A7 TRUE COPY OF THE FIR DATED 22.07.2023 OF
THE STATION HOUSE OFFICER, UNDER SECTION
420 & 34 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT I, OTTAPPALAM
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
APPENDIX OF BAIL APPL. 6350/2023
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF COMPLAINT DATED 07..11..2022
SUBMITTED BY ONE MANSOOR ALI BEFORE THE
JOINT REGISTRAR OF CO-OP. SOCIETI8ES,
PALAKKAD
Annexure B TRUE COPY OF COMPLAINT DATED 18..11..2022
SUBMITTED BY MANSOOR ALI TO THE JOINT
REGISTRAR OF CO-OP. SOCIETIES, PALAKKAD
Annexure C TRUE COPY OF FIR NO. 0452 OF 2023 DATED
22..07..2023 REGISTERED BY THE
CHERUPULASSERY POLICE
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
APPENDIX OF BAIL APPL. 6356/2023
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF COMPLAINT DATED 07..11..2022
SUBMITTED BY MANSOOR ALI BEFORE THE JOINT
REGISTRAR OF CO-OP. SOCIETIES, PALAKKAD
Annexure B TRUE COPY OF COMPLAINT DATED 18..11..2022
SUBMITTED BY MANSOOR ALI BEFORE THE JOINT
REGISTRAR OF CO-OP. SOCIETIES, PALAKKAD
Annexure C TRUE COPY OF FIR NO. 0452 OF 2023 DATED
22..07...2023 REGISTERED BY THE
CHERUPULASSERY POLICE STATION
B.A.Nos. 6262, 6343, 6350 & 6356 of 2023
APPENDIX OF BAIL APPL. 6343/2023
PETITIONER ANNEXURES
Annexure A TRUE COPY OF COMPLAINT DATED DATED
07..11..2022 SUBMITTED BY ONE MANSOOR ALI
BEFORE THE JOINT REGISTRAR OF CO-OP.
SOCIETIES, PALAKKAD
Annexure 2 TRUE COPY OF COMPLAINT SUBMITTED BY
MANSOOR ALI ON 18..11..2022 BEFORE THE
JOINT REGISTRAR OF CO-OP. SOCIETIES,
PALAKKAD
Annexure C TRUE COPY OF FIR NO. 0452 OF 2023
REGISTERED BY THE CHERUPULASSERY POLICE
STATION
