Kerala High Court
Reji Kurian vs State Of Kerala on 7 February, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
B.A. Nos.1058 of 2025 & connected cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
BAIL APPL. NO. 1058 OF 2025
CRIME NO.1119/2024 OF MULANTHURUTHY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.3752 OF 2024
OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER(S)/ACCUSED NO.3:
OMANA PAULOSE
AGED 65 YEARS
W/O PAULOSE, KANNAPPILLIL HOUSE, PALLITHAZHAM,
MULANTHURUTHY P.O, KANAYANOOR TALUK, ERNAKULAM
DISTRICT, PIN - 682314
BY ADVS.
SUNI M.D.
SOORAJ M I
RASHEED C.NOORANAD
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH Bail Appl..879/2025, 882/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. Nos.1058 of 2025 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
BAIL APPL. NO. 879 OF 2025
CRIME NO.1119/2024 OF MULANTHURUTHY POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED NO.2:
1 REJI KURIAN
AGED 54 YEARS
S/O KURIAN, KOLLINAL PUTHENPURAYIL HOUSE
MULANTHURUHTY VILLAGE, ERNAKULAM DISTRICT,
PIN - 682314
2 SEENA JACOB
AGED 50 YEARS
W/O REJI KURIAN, KOLLINAL PUTHENPURAYIL HOUSE
MULANTHURUHTY VILLAGE, ERNAKULAM DISTRICT,
PIN - 682314
BY ADVS.
IEANS.C.CHAMAKKALA
K.PAUL KURIAKOSE
BINU B.SAMUEL
AADHAL THANKACHAN
RESPONDENT(S)/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 DEEPU P.M
PUTHENPARAMBIL, MECHERIKUNNU, KARIKODE,
MULANTHURUTHY ERNAKULAM IMPLEADED A S R2 VIDE ORDER
DTD 4-2-25 IN CRL MA 1/25
BY ADVS.
P.K.VARGHESE
B.A. Nos.1058 of 2025 & connected cases
3
JERRY MATHEW
DEVIKA K.R.
SIYAD UMMER
REGHU SREEDHARAN
SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH Bail Appl..1058/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.1058 of 2025 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
BAIL APPL. NO. 882 OF 2025
CRIME NO.1129/2024 OF MULANTHURUTHY POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED NO.1:
REJI KURIAN
AGED 54 YEARS
S/O KURIAN, KOLLINAL PUTHENPURAYIL HOUSE,
MULANTHURUHTY VILLAGE, ERNAKULAM DISTRICT,
PIN - 682314
BY ADVS.
IEANS.C.CHAMAKKALA
K.PAUL KURIAKOSE
BINU B.SAMUEL
AADHAL THANKACHAN
RESPONDENT(S)/COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 YOHANNAN K.C
KALACHIRAYIL HOUSE, PERUMPILLY P.O, (IMPLEADED AS R2
AS PER ORDER DTD 4/2/25 IN CRL MA 1/25)
BY ADVS.
P.K.VARGHESE
JERRY MATHEW
DEVIKA K.R.
REGHU SREEDHARAN
SIYAD UMMER
SRI.HRITHWIK C.S., SENIOR PP
B.A. Nos.1058 of 2025 & connected cases
5
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH Bail Appl..1058/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.1058 of 2025 & connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
BAIL APPL. NO. 989 OF 2025
CRIME NO.1129/2024 OF MULANTHURUTHY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.3771 OF 2024
OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER(S)/ACCUSED NO.3:
C J KURIAKOSE
AGED 76 YEARS
S/O. JOSEPH, CHEPPANATH HOUSE, MULLANTHURUTHY P.O,
ERNAKULAM DISTRICT, PIN - 682314
BY ADVS.
GEO PAUL
C.R.PRAMOD
JACOB GEORGE PALLATH
HARIKRISHNAN A.S.
AKSHAI.K.R.
C.B.GAUTHAM
MARIYAM MATHEWS
RESPONDENT(S)/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 YOHANNAN K.C
KALACHIRAYIL HOUSE, PERUMPILLY P.O, ERNAKULAM
-682314 ( IS IMPLEADED AS THE ADDITIONAL SECOND
RESPONDENT AS PER ORDER DATED 04.02.2025 IN CRL MA
NO. 1/2025 IN BA NO. 989/2025.)
BY ADVS.
P.K.VARGHESE
B.A. Nos.1058 of 2025 & connected cases
7
JERRY MATHEW
DEVIKA K.R.
SIYAD UMMER
REGHU SREEDHARAN
SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH Bail Appl..1058/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.1058 of 2025 & connected cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
BAIL APPL. NO. 993 OF 2025
CRIME NO.1119/2024 OF MULANTHURUTHY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 14.01.2025 IN CRMC
NO.3772 OF 2024 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER(S)/ACCUSED NO.4:
C J KURIAKOSE
AGED 76 YEARS
S/O. JOSEPH, CHEPPANATH HOUSE, MULLANTHURUTHY PO,
ERNAKULAM DISTRICT, PIN - 682314
BY ADVS.
GEO PAUL
C.R.PRAMOD
JACOB GEORGE PALLATH
HARIKRISHNAN A.S.
AKSHAI.K.R.
C.B.GAUTHAM
MARIYAM MATHEWS
RESPONDENT(S)/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 DEEPU P.M
PUTHENPARAMBIL, MECHERIKUNNU, KARIKODE,
MULANTHURUTHY ERNAKULAM. (IMPLEADED AS R2 VIDE ORDER
DTD 4-2-25 IN CRL MA 1/25)
BY ADVS.
P.K.VARGHESE
B.A. Nos.1058 of 2025 & connected cases
9
JERRY MATHEW
DEVIKA K.R.
SIYAD UMMER
REGHU SREEDHARAN
SRI.HRITHWIK C.S., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH Bail Appl..1058/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.1058 of 2025 & connected cases
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
BAIL APPL. NO. 1059 OF 2025
CRIME NO.1129/2024 OF MULANTHURUTHY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.3753 OF 2024
OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER(S)/ACCUSED NO.2:
OMANA PAULOSE
AGED 65 YEARS
W/O PAULOSE, KANNAPPILLIL HOUSE, PALLITHAZHAM,
MULANTHURUTHY P.O, KANAYANOOR TALUK, ERNAKULAM,
PIN - 682314
BY ADVS.
SUNI M.D.
SOORAJ M I
RASHEED C.NOORANAD
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SRI.NOUSHAD K.A., SENIOR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH Bail Appl..1058/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.1058 of 2025 & connected cases
11
P.V.KUNHIKRISHNAN, J.
--------------------------------
B.A.Nos. 1058, 879, 882,
989, 993 & 1059 of 2025
----------------------------------------------
Dated this the 07th day of February, 2025
ORDER
These Bail applications are filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita. These bail applications are connected
and therefore I am disposing of these cases by a common order.
2. The petitioners in these bail applications are different
accused in different crimes registered by Mulanthuruthy Police
Station, Ernakulam. The defacto complainants in these cases are
also different. The offences alleged are under Sections 406, 120-B,
468 & 420 r/w 149 of the Indian Penal Code.
3. The petitioners in these cases are the Board Members,
Secretary and the President of Mulanthuruthy Service Co-operative
Bank. The allegation in Crime No.1119/2024 of Mulanthuruthy
Police Station is like this:
The 1st and 2nd accused along with other accused persons, with
an intention to deceive the defacto complainant for obtaining
B.A. Nos.1058 of 2025 & connected cases
wrongful gain hatched criminal conspiracy. The 1 st accused was the
board member of Mulanthuruthy Service Co-operative Bank. The 2 nd
accused is the wife of the 1st accused. The 3rd accused was the then
Secretary of the bank. The 4th accused was one of the board
member of the said bank. All the accused persons as part of
criminal conspiracy hatched between them made the defacto
complainant to believe that he is standing as a surety for the loan
obtained in the name of the 1st accused. The property of the 2nd
accused was given as security for this loan as well as the loans
obtained in the name of 10 other persons. The 3 rd accused obtained
the signature of the defacto complainant along with thumb
impression in the documents including Gehan under the impression
that he is the surety for the said loan. Thereafter Rs.20,00,000/-
was passed on 14/08/2014 in the said loan transaction.
Rs.13,54,946/- was used to clear off the liabilities raising out of the
loan transactions obtained in favour of other 10 persons. The
balance amount credited in the account of the defacto complainant
was withdrawn without the knowledge of the defacto complainant.
The very same property was pledged in other loan transactions
B.A. Nos.1058 of 2025 & connected cases
wherein also other persons were misrepresented and deceived that
they were also standing as sureties for the loan transactions. But
the loans were actually obtained in their name. All the loans were
fell in due and now Rs.3.5 crores are due to the bank. The accused
persons deceived the bank as well as other loan subscribers and
obtained wrongful gain and thus the accused committed the offence
alleged against them. The allegations in the other cases are also
the same.
4. Heard the counsel for the petitioners and the Public
Prosecutor.
5. The counsel for the petitioners submitted that even if the
entire allegations are accepted, no offence is made out. The
counsel for the petitioners submitted that the petitioners are ready
to co-operate with the investigation. In such circumstances, the
petitioners may be released on bail after imposing stringent
conditions. The Public Prosecutor seriously opposed the bail
applications and submitted that the custodial interrogation of the
petitioners are necessary.
B.A. Nos.1058 of 2025 & connected cases
6. This Court considered the contentions of the petitioners
and the Public Prosecutor. After hearing both sides, I am of the
considered opinion that the petitioners have to surrender before the
Investigating Officer. The Investigating Officer can interrogate the
petitioners, if necessary, continuously for 10 days from 10 am to 5
pm or for a period as the Investigating Officer wish. During the
period of interrogation, the petitioners shall not be arrested. After
interrogation, the Investigating Officer can record arrest, if
necessary. If arrest is recorded, the petitioners can be directed to
be produced before the jurisdictional court and the jurisdictional
court can consider the bail application, if an application is filed with
advance notice to the Prosecutor concerned. I make it clear that
this order will not stand in the way of the Investigating Officer
arresting the other accused.
7. Hence these bail applications are disposed of with the
following directions.
1) The petitioners will surrender before the Investigating
Officer within four weeks from today. The Investigating
Officer can interrogate the petitioners continuously for 10
B.A. Nos.1058 of 2025 & connected cases
days, if necessary from 10 am to 5 pm or for a period as
the Investigating Officer wish. Thereafter, if arrest is
recorded, the Investigating Officer shall produce the
petitioners before the jurisdictional court.
2) The petitioners are free to file bail application before the
jurisdictional court at the time of producing them before
the Magistrate. If such a bail application is filed with
advance copy to the prosecutor concerned, the
jurisdictional court will consider that bail application in
accordance with law and pass appropriate orders in it
preferably on the date of filing of the same itself.
3) The Investigating Officer is free to file custody application,
if necessary, at the time of producing the petitioners and if
such application is filed, the jurisdictional court shall pass
appropriate orders in it, before considering the bail
application.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
