Kerala High Court
Merlin Shibu vs State Of Kerala on 5 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
Bail Appl. Nos.7913/2025, 8291/2025
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2025:KER:58302
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 7913 OF 2025
CRIME NO.760/2025 OF ARANMULA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 28.05.2025 IN CRMP NO.3754 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, PATHANAMTHITTA
PETITIONER(S)/1ST ACCUSED:
ARPITHA RAVI PRAKASH
AGED 28 YEARS
W/O SUMESH, GURUSMIRITHI,
MANAPPURAM P.O, THYKATTUSHERI,
ALAPPUZHA DISTRICT, PIN - 688 528.
BY ADV SMT.SREELAKSHMI SABU
RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 VISHNU SAJEEV
AGED 35 YEARS
S/O SAJEEV, KAMPISSERIL, VALLIKKUNNAM,
ALAPPUZHA, PIN - 690501.
BY ADVS.
SHRI.ASOK CHACKO THOMAS
SMT.PRIYANKA GOPI
SHRI.MIDHUN VADAKKAN
SRI. PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2025,
ALONG WITH BAIL APPL..8291/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Bail Appl. Nos.7913/2025, 8291/2025
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2025:KER:58302
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 8291 OF 2025
CRIME NO.760/2025 OF ARANMULA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 05.06.2025 IN CRMP NO.3757 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, PATHANAMTHITTA
PETITIONER(S)/ACCUSED:
MERLIN SHIBU
AGED 27 YEARS
D/O SHIBU DANIEL CHRISTA VILLA,
NALLANIKKUNNU, OONNUKAL P O,
CHENNEERKKARA VILLAGE,
KOZHENCHERRY TALUK
PATHANAMTHITTA DISTRICT, PIN - 689 647.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
RESPONDENT(S)/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
Bail Appl. Nos.7913/2025, 8291/2025
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2 STATE HOUSE OFFICER
ARANMULA POLICE STATION,
PATHANAMTHITTA
DISTRICT, PIN - 689533.
3 VISHNU SAJEEV
AGED 35 YEARS
S/O D. SAJEEV, KAMBISSERIL HOUSE,
VALLIKUNNAM, MAVELIKARA, ALAPPUZHA-690501
IS IMPLEADED AS ADDL. R3 AS PER ORDER
DATED 21/07/2025 IN CRL.M.A. 1/2025.
BY ADVS.
SHRI.ASOK CHACKO THOMAS
SMT.PRIYANKA GOPI
SHRI.MIDHUN VADAKKAN
SRI. PRASANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2025,
ALONG WITH BAIL APPL..7913/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Bail Appl. Nos.7913/2025, 8291/2025
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2025:KER:58302
BECHU KURIAN THOMAS, J.
......................................................
B.A. Nos.7913 & 8291 of 2025
...................................................
Dated this the 5th day of August, 2025
ORDER
These bail applications are filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner in B.A.No.7913/2025 is the first accused while the petitioner in
B.A.No.8291/2025 is the second accused in Crime No.760/2025 of
Aranmula Police Station, Pathanamthitta District; registered for the
offences punishable under Sections 408, 420, 465, 468 and 477A r/w
Section 34 of the Indian Penal Code, 1860.
3. The prosecution case is that, the first accused is the Branch Manager while
the second accused is a staff of an institution by name " Eurasian Institute
of Management" run by the defacto complainant. The accused had
misappropriated an amount of Rs.28,30,270/- from the students of the
institute by collecting course fees and diverted the same into their account
after issuing forged receipts and thereby cheated the defacto complainant
and thus committed the offences alleged.
4. I have heard Adv.Sreelakshmi Sabu, the learned counsel for the first
accused, Adv.Sarath K.P., the learned counsel for the second accused as
well as Sri.Prasanth M.P., the learned Public Prosecutor and also Adv.Asok
Bail Appl. Nos.7913/2025, 8291/2025
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Chacko Thomas, the learned counsel for the defacto complainant.
5. The learned counsel for the petitioners contended that the amounts were
credited into their account at the instruction of the defacto complainant to
avoid GST being paid by the institute. It was further submitted that the
institute, run by the defacto complainant, has not been registered under
the Central Goods and Services Tax Act, 2017 and it was only when there
was an apprehension of proceedings being initiated by the authorities
under the GST Act that the defacto complainant initiated the present
complaint. The learned counsel also submitted that the modus operandi
adopted by the defacto complainant was to facilitate payment of the
respective students through various staff, who thereafter returned it back
to the defacto complainant by different modes to avoid GST.
6. The learned counsel for the defacto complainant, on the other hand relying
upon the objection filed by him, contended that a large amount of money
has been cheated by the petitioners by misappropriating the same and
diverted it into their own accounts after issuing forged receipts. The
allegations regarding attempts to evade GST were stoutly denied and it
was submitted that those are two different aspects and the petitioners are
now attempting to exploit the situation. According to the learned counsel,
more than Rs.28,00,000/- were misappropriated by the petitioners by
issuing forged receipts and thereby cheated the institution.
7. The learned Public Prosecutor also submitted that allegations are serious
and, hence, custodial interrogation is necessary.
8. On a perusal of the records produced, it is noticed that petitioners have
Bail Appl. Nos.7913/2025, 8291/2025
2025:KER:58302
made several payments through 'Google pay' and other means to the
defacto complainant and his family members, prima facie under the
direction of the defacto complainant himself. Though the reason for such
transfers are not explicitly evident, those transactions create doubts in the
mind of the court regarding the purpose for which they were transferred.
The students could not have continued their studies without corresponding
payments received by the establishment. Hence, the contention of the
petitioners cannot be ignored or shrugged aside as baseless. The timing
of the notice issued by GST Authorities and the complaint of the defacto
complainant are also of significance. Having regard to the several
transactions as noticed from Annexure-A3 and Annexure-A4 series, I am of
the view that custodial interrogation of the petitioners is not necessary.
9. In Ashok Kumar v. State of Union Territory Chandigarh [2024 SCC
OnLine SC 274], wherein it has been held that a mere assertion on the part
of the State while opposing the plea for anticipatory bail that custodial
interrogation is required would not be sufficient and that the State would
have to show or indicate more than prima facie case as to why custodial
interrogation of the accused is required for the purpose of investigation. In
the instant case, the State has not been able to convince this Court that
custodial interrogation is necessary.
10. Considering the nature of allegations and the contentions of the
petitioners, I am of the view that custodial interrogation of the petitioners
is not necessary. However, petitioners must subject themselves to
interrogation for the purpose of completing the investigation. Therefore,
Bail Appl. Nos.7913/2025, 8291/2025
2025:KER:58302
petitioners are entitled to grant pre-arrest bail on conditions.
11. Accordingly, these applications are allowed on the following
conditions:
(a) Petitioners shall appear before the Investigating Officer on 18.08.2025
from 10 am to 5 pm and shall subject themselves to interrogation. The
said period shall be deemed to be limited custody for the purpose of
completing the investigation.
(b) If after interrogation, the Investigating Officer proposes to arrest the
petitioners, then, they shall be released on bail on each of them
executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties each for the like sum before the Investigating Officer.
(c) Petitioners shall appear before the Investigating Officer as and when
required and shall also co-operate with the investigation.
(d) Petitioners shall not intimidate or attempt to influence the witnesses;
nor shall they tamper with the evidence;
(e) Petitioners shall not commit any similar offences while they are on
bail.
In case of violation of any of the above conditions, or if any modification or
deletion of the conditions are required, the jurisdictional Court shall be
empowered to consider such applications, if any, and pass appropriate
orders in accordance with law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/05/08/2025
Bail Appl. Nos.7913/2025, 8291/2025
2025:KER:58302
APPENDIX OF BAIL APPL. 8291/2025
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE FIR IN CRIME NO 760/2025
OF ARANMULA POLICE STATION, PATHANAMTHITTA
DISTRICT.
ANNEXURE II A TRUE COPY OF THE APPOINTMENT LETTER OF THE
PETITIONER DATED 17.04.2023.
ANNEXURE III AN ACCUSED COPY OF THE ORDER IN CRL MP NO
3757/2025 BEFORE THE COURT OF SESSIONS,
PATHANAMTHITTA DATED 05.06.2025.
Bail Appl. Nos.7913/2025, 8291/2025
2025:KER:58302
APPENDIX OF BAIL APPL. 7913/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 760 OF 2025
OF ARANMULA POLICE STATION DATED 12.5.2025.
ANNEXURE A2 TRUE COPY OF THE STAFF DETAILS OF THE
EURASIAN INSTITUTE WHICH SHOWS THE
PETITIONER'S DATE OF JOINING.
ANNEXURE A3 TRUE COPY OF THE RELEVANT PAGES OF THE BANK
STATEMENT ISSUED BY THE STATE BANK OF INDIA
TO THE PETITIONER DATED 18.5.2025.
ANNEXURE A4 TRUE COPY OF SOME OF THE WHATSAPP CHATS
BETWEEN THE STAFF OF THE INSTITUTION.
ANNEXURE A5 TRUE COPY OF THE WEBSITE INFORMATION OF THE
EURASIAN INSTITUTE OF MANAGEMENT.
ANNEXURE A6 TRUE COPY OF A NEWS REPORT AGAINST THE
DEFACTO COMPLAINANT.
ANNEXURE A7 TRUE COPY OF THE ORDER PASSED BY SESSIONS
COURT PATHANAMTHITTA IN CRL.MP NO. 3754/2025
DATED 28.5.2025.
RESPONDENT ANNEXURES
ANNEXURE R2(1) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED
07.3.2025 ISSUED FROM THE ARANMULA POLICE
STATION.
