P.C.Tomy vs State Of Kerala
2025 Latest Caselaw 5662 Ker

Kerala High Court

P.C.Tomy vs State Of Kerala on 18 August, 2025

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

     MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947

                        BAIL APPL. NO. 8716 OF 2025

     CRIME NO.338/2024 OF CRIME BRANCH, ERNAKULAM, Ernakulam

      AGAINST THE JUDGMENT DATED 18.06.2025 IN Bail Appl. NO.3177
                 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.5:

            P.C.TOMY, AGED 73 YEARS
            S/O. CHAKKAPPAN, RESIDING AT PURAKKATTIL HOUSE,
            ANGAMALY P.O, ERNAKULAM RURAL, PIN - 683572.

            BY ADVS.
            SRI.R.ANIL
            SRI.B.RAMAN PILLAI (SR.)
            SHRI.SUJESH MENON V.B.
            SRI.THOMAS SABU VADAKEKUT
            SHRI.MAHESH BHANU S.
            SHRI.RESSIL LONAN
            SHRI.JOEL GEORGE KAMPIYIL
            SHRI.ANANTH KRISHNA K.S.
            SHRI.GEORGE VINCI JOSE
RESPONDENT/COMPLAINANT:

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

            BY ADVS.
            SENIOR PUBLIC PROSECUTOR SRI C.K.SURESH

            ADC.B.RAMAN PILLAI (SR.)
            ADDL.DGP T.A.SHAJI


     THIS     BAIL   APPLICATION   HAVING    COME   UP   FOR    ADMISSION    ON
29.07.2025,     ALONG   WITH   Bail   Appl..8757/2025,         THE   COURT   ON
18.08.2025 DELIVERED THE FOLLOWING:
                                                                   2025:KER:61962
B.A.Nos.8716/2025 & 8757/2025             2




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

       MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947

                          BAIL APPL. NO. 8757 OF 2025

             CRIME NO.338/2024 OF CBCID, ERNAKULAM, Ernakulam

         AGAINST THE JUDGMENT DATED 18.06.2025 IN Bail Appl.NO.11104
                    OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.12:

              ELSY VARGHESE, AGED 70 YEARS,
              W/O VARGHESE P P, RESIDING AT PAYYAPPILLY HOUSE,
              KIDANGOOR, ANGAMALY, PIN - 683572.


              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/STATE:

              STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA (CRIME NO 112/2024 OF ANGAMALY
              POLICE STATION, ERNAKULAM; RE-REGISTERED AS CRIME
              NO.338/CB/COW/EKM/R/2024 BY CRIME BRANCH, PIN-682031.

              BY ADVS.
              PUBLIC PROSECUTOR
              ADDL.DIRECTOR GENERAL OF PROSECUTION


      THIS     BAIL    APPLICATION   HAVING    COME   UP   FOR     ADMISSION   ON
29.07.2025,       ALONG     WITH   Bail   Appl.8716/2025,        THE   COURT   ON
18.08.2025 DELIVERED THE FOLLOWING:
                                                                 2025:KER:61962
B.A.Nos.8716/2025 & 8757/2025              3




                            COMMON ORDER

Dated this the 18th day of August, 2025

These bail applications have been filed under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking

regular bail and the petitioners are accused Nos.5 and 12 in

Crime No.338/CB/EOW/EKM/R/2024 of Crime Branch,

Ernakulam (originally registered as Crime No.112 of 2024 of

Angamaly Police Station, Ernakulam).

2. Heard the respective counsel for the petitioners and

the learned Additional Director General of Prosecution (ADGP).

Perused the relevant materials available.

3. In these matters, crime was registered alleging that

the accused persons, who are the members of the Managing

Committee of the Angamaly Urban Cooperative Society, abused

their position with intention to cause undue loss to the Society,

have sanctioned fake loans and renewed loans by using the

same documents in the name of fake persons and

misappropriated Rs.55 Crores belongs the Society. Thus, crime

was registered alleging commission of offences punishable 2025:KER:61962

under Sections 406, 408, 417, 465, 467, 468, 471, 420 read

with 34 of the Indian Penal Code as well as under Sections

13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988.

Thereafter, as submitted by the learned ADGP, during the

course of investigation, it is revealed that, as of now, the

misappropriation of money would come to Rs.115.8 Crores.

4. The learned senior counsel appearing for the 5th

accused would submit that, the even though, the 5th accused

was also a member of the Director Board of the Society and he

had participated in various meetings and conceded the

decisions to grant fake loans, as alleged by the prosecution,

there is no allegation for the prosecution that, there was

conspiracy in between him and the other accused. It is

submitted by the learned senior counsel for the 5th accused

that, the 5th accused is aged and ailed and was arrested on

25.06.2025 and since then he has been in judicial custody. It is

submitted by the learned senior counsel for the 5th accused

further that, since the investigation has progressed

substantially, further detention of the 5th accused, who is aged

and ailed, in custody is not necessary and he is liable to be 2025:KER:61962

released on bail.

5. The learned counsel appearing for the 12th accused

would submit that, the 12th accused is a lady aged 78 years and

she deposited Rs.10 Lakh by herself and Rs.70 Lakh of her

relatives in the Society. The learned counsel conceded that,

even though being a Board member, the 12 th accused also

signed in the minutes whereby the alleged fake loans were

granted, she had no intention to misappropriate the money. It

is pointed out by the learned counsel for the 12 th accused that,

the 12th accused was arrested on 24.06.2025 and she has been

in judicial custody since then. The learned counsel for the 12 th

accused submitted that, since the investigation has progressed

substantially, further detention of the 12th accused in custody is

not necessary and she is liable to be released on bail.

6. The learned ADGP opposed grant of regular bail to the

petitioners. According to the learned ADGP, this is a huge

scam, whereby many depositors were affected and the role of

the petitioners in this crime are well made out, prima facie. The

learned ADGP also pointed out the progress of investigation and

conceded that the petitioners have no criminal antecedents.

2025:KER:61962

7. Earlier, anticipatory bail plea at the instance of the

petitioners/accused Nos.5 and 12 was negatived by this Court

as per the common order dated 18.06.2025 in B.A. Nos.11104

of 2024 and 3177 of 2025. Thereafter, accused Nos.5 and 12

were arrested on 25.06.2025 and 24.06.2025 respectively and

have been in custody since then. It is submitted by the learned

ADGP that the petitioners have no criminal antecedents.

8. In fact, the allegations against the petitioners are very

serious and the same would require effective investigation.

However, having considered the custody of the petitioners from

24.06.2025 and 25.06.2025 onwards, who have no criminal

antecedents and on noticing the progress of investigation, I am

of the view that, further custody of the petitioners, for the

purpose of investigation is not necessary and they can be

enlarged on bail.

Therefore, these petitions stand allowed. The petitioners

are enlarged on bail on conditions:

i. The petitioners shall be released on bail on

executing bond for Rs.50,000/- (Rupees Fifty Thousand

Only) each with two solvent sureties, each for the like 2025:KER:61962

amount to the satisfaction of the Jurisdictional court

concerned.

ii. The petitioners shall not intimidate the witnesses

or tamper with evidence. They shall co-operate with the

investigation and shall be available for trial.

iii. The petitioners shall appear before the

Investigating Officer as and when directed, apart from

appearing before the Investigating Officer on all Mondays

between 9 am and 10 am, for a period of three months or

till the completion of investigation, whichever is earlier.

iv. The petitioners shall not, directly or indirectly,

make any inducement, threat or promise to any person

acquainted with the facts of this case, so as to dissuade

him from disclosing such facts to the court or to any

police officer.

v. The petitioners shall not involve in any other

offence during the currency of bail and any such event, if

reported or came to the notice of this court, the same

alone shall be a reason to cancel the bail hereby granted.

vi. The petitioners shall not leave the jurisdiction of 2025:KER:61962

the Jurisdictional Court without prior permission of the

Jurisdictional Court.

vii. Violation of any of the conditions imposed

shall result in cancellation of bail hereby granted.

Sd/-

A. BADHARUDEEN SK JUDGE 2025:KER:61962

APPENDIX OF BAIL APPL. 8757/2025

PETITIONER's ANNEXURES

Annexure-1 A TRUE COPY OF THE FIR IN CRIME NO 112/2024 OF ANGAMALY POLICE STATION, ERNAKULAM. Annexure-2 THE TREATMENT RECORDS OF THE HUSBAND OF THE PETITIONER.

Annexure-3 THE TRUE COPY OF THE RECEIPTS OF THE FIXED DEPOSITS MADE BY THE PETITIONER AND HER IMMEDIATE FAMILY MEMBERS.

Annexure-4 A TRUE COPY OF THE ORDER DATED 23.10.2024 IN BA NO 6963/2024.

Annexure-5 A TRUE COPY OF THE LETTER DATED 29.12.2023 SUBMITTED BY BIJU K JOSE.

Annexure-6 A TRUE COPY OF THE REQUEST SUBMITTED BY THE STAFF IN THE SOCIETY.

Annexure-7 ACCUSED COPY OF THE ORDER DATED 11.07.2025 IN CRL MC NO 1957/2025 DISPOSED BY THE COURT OF SESSIONS, ERNAKULAM.

Annexure-A1 TRUE COPY OF THE ORDER DATED 11.07.2025 PASSED BY THE COURT OF SESSIONS, ERNAKULAM. Annexure-A2 TRUE COPY OF THE ORDER DATED 30.06.2025 PASSED BY THE JFCM, ANGAMALY.

2025:KER:61962

APPENDIX OF BAIL APPL. 8716/2025

PETITIONER's ANNEXURES

Annexure A1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

0120000020938 DATED 29-3-2023 ISSUED BY THE ANGAMALY URBAN CO-OPERATIVE SOCIETY LTD NO. E.1081.

Annexure A2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

0120000019718 DATED 29-11-2022 ISSUED BY THE SOCIETY.

Annexure A3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

01200000852 DATED 22-3-2023 ISSUED BY THE SOCIETY.

Annexure A4 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

0120000022050 DATED 14-09-2023 ISSUED BY THE SOCIETY.

Annexure A5 TRUE COPY OF THE FIXED DEPOSIT NO.

0120000020946 DATED 29-03-2023 ISSUED BY THE SOCIETY.

Annexure A6 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.0120000014403 DATED 15-02-2021 ISSUED BY THE SOCIETY.

Annexure A7 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

0120000022248 DATED 7-11-2023.

Annexure A8 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

0120000011325 DATED 8-8-2019.

Annexure A9 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

0120000020853 DATED 22-3-2023.

Annexure A10 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.

0120000021989 DATED 4-9-2023.

Annexure A11 A TRUE COPY OF THE FIRST INFORMATION REPORT NO. 112/2024 OF ANGAMALY POLICE STATION.

2025:KER:61962

Annexure A12 A TRUE COPY OF THE REMAND APPLICATION AGAINST THE PETITIONER DATED 25-06-2025 IN CRIME NO. 338/CB/EOW/EKM/R/2024 OF CRIME BRANCH, ECONOMIC OFFENCES WING, ERNAKULAM UNIT (ORIGINALLY REGISTERED AS CRIME NO. 112 /2024 OF ANGAMALY POLICE STATION).

Annexure A13 THE TRUE COPY OF THE ORDER DATED 30-06-2025 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY IN CRL. M.P. NO 1328 OF 2025.

Annexure A14 A TRUE COPY OF THE ORDER IN CRL. M.C. NO.

1968 /2025 BY THE HON'BLE ADDL. SESSIONS JUDGE DATED 10-7-2025.

Annexure A15 A COPY OF THE MEDICAL CERTIFICATE DATED 18- 11-2024 ISSUED BY THE SENIOR CONSULTANT, DEPARTMENT OF CARDIOLOGY, RAJAGIRI HOSPITAL, ALUVA.