Kerala High Court
Kirandas Vm vs State Of Kerala on 18 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.Nos.5367 & 5297 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
BAIL APPL. NO. 5367 OF 2025
CRIME NO.1157/2024 OF Sakthikulangara Police Station, Kollam
B.A.NO.5297 OF 2025
PETITIONERS/ACCUSED NOS.4,5,6 & 8:
1 KIRANDAS VM, AGED 31 YEARS
VELANI, THANIPARA, ALUR PO,
THRISSUR-680683
2 SABARIDAS CHENCHERY (SREEKANTH, ACCUSED NO.5)
AGED 31 YEARS, CHENCHERY HOUSE,
SM LANE, PULLAZHI, CHETTUPUZHA PO,
MANAKKODY, PULLAZHI, THRISSUR,
PIN - 680012
3 SREEKANTH OS, AGED 37 YEARS
S/O RADHA, ORIPPARAMBIL HOUSE, KUTTAMKULAM,
KIRALUR, THRISSUR, PIN - 680601
4 BEENA, AGED 57 YEARS
W/O SIMON, CHAKRAMAKKIL HOUSE, MANAKKODY PO,
THRISSUR, PIN - 680012
BY ADVS.
SHRI.SREERAJ M.D.
SMT.NEELANJANA NAIR
B.A.Nos.5367 & 5297 of 2025 2
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RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.06.2025, ALONG WITH Bail Appl.NO.5297/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.5367 & 5297 of 2025 3
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
BAIL APPL. NO. 5297 OF 2025
CRIME NO.1157/2024 OF Sakthikulangara Police Station, Kollam
PETITIONER/ACCUSED NOS.1 & 2:
1 ANJANA ABRAHAM, AGED 39 YEARS
W/O. PHILLIP ZACKARIA, RESIDING AT SKYLINE RANCH,
THRIPUNNITHURA, KOCHI, ERNAKULAM DISTRICT,
PIN - 682301
2 PHILIP ZACKARIA, AGED 60 YEARS, S/O.LATE ZACKARIA,
RESIDING AT SKYLINE RANCH, THRIPUNNITHURA, KOCHI,
ERNAKULAM DISTRICT, PIN - 682301
BY ADVS.
SHRI.SAIBY JOSE KIDANGOOR
SHRI.BENNY ANTONY PAREL
SMT.PRAMITHA AUGUSTINE
SMT.AFSANA KHAN
SHRI.SREERAJ S. RAJARAM
SMT.SNEHA J.
SHRI.ADARSH PADMANABHAN
SHRI.AMAL DILEEP
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
B.A.Nos.5367 & 5297 of 2025 4
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2 THE STATION HOUSE OFFICER,
SAKTHIKULANGARA POLICE STATION,
KOLLAM, PIN - 691581
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.06.2025, ALONG WITH Bail Appl.NO.5367/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.5367 & 5297 of 2025 5
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BECHU KURIAN THOMAS, J.
......................................................
Bail Appl.Nos.5367 & 5297 of 2025
...................................................
Dated this the 18th day of June, 2025
ORDER
These bail applications are filed under section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners in B.A.No.5297 of 2025 are accused Nos.1
and 2, while petitioners in B.A.No.5367 of 2025 are accused
Nos.4,5,6 & 8 in Crime No.1157 of 2024 of Sakthikulangara Police
Station, Thiruvananthapuram, registered for the offences
punishable under Sections 120(B), 405, 420, 477(A) r/w Section 34
of the Indian Penal Code, 1860 and Sections 65, 66(C) & 66(D) of
the Information Technology Act, 2000.
3. According to the prosecution, during the period from
December, 2022 till 20.04.2024, accused Nos.1 to 8 had, with an
intention to make illegal gain from the de facto complainant,
fabricated documents and managed to transfer large amounts and
withdrew money after creating false cash vouchers, salary
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certificates and destroyed the accounting programme of the de
facto complainant's establishment and caused a loss of Rs.65
Lakhs and thereby committed the offences alleged.
4. Heard the learned Counsel for the petitioners in both
the bail applications as well as the learned Public Prosecutor.
5. Both the learned counsel for the petitioners contended
that the prosecution allegations are false and petitioners ought to
be granted anticipatory bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that custodial interrogation is
necessary.
7. Petitioners are alleged to have committed criminal
misappropriation and cheated the de facto complainant and
obtained an amount of Rs.65 Lakhs after fabricating documents
under the guise of expenses incurred for production of certain
movies like "Minnal Murali" and "RDX". Earlier, this Court had
granted anticipatory bail to the 7th accused in B.A.No.5539 of
2025.
8. The learned Public Prosecutor, on instructions,
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submitted that the 1st accused had already appeared before the
Investigating Officer and she has been interrogated and her
further interrogation is not necessary. It was further submitted
that, as far as accused Nos.2,4,5,6 & 8 are concerned, their
custodial interrogation is necessary since utilisatioin of amounts
allegedly misappropriated by the accused has to be identified.
9. In Ashok Kumar v. Union Territory of Chandigarh,
[2024 SCC OnLine SC 274], 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. The allegations against the petitioners are serious.
They are alleged to have cheated the de facto complainant of
large amounts of money by fabricating documents. However, since
the allegations are all based on documents, custodial interrogation
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is not necessary. However, taking note of the nature of allegations,
since custodial interrogation is not necessary, in order to complete
the investigation, petitioners must appear before the Investigating
Officer for interrogation which period can be treated as limited
custody.
Accordingly, both these bail applications are allowed on
the following conditions:
(a) Petitioners in B.A.No.5367 of 2025 and petitioners in
B.A.No.5297 of 2025 shall appear before the
Investigating Officer on 30.06.2025 from 10 a.m. to
5 p.m. and shall subject themselves to interrogation.
(b) If after interrogation, the Investigating Officer
proposes to arrest the petitioners in both these bail
applications, 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.
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(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
sp/19/06/2025
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APPENDIX OF BAIL APPL. 5297/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR NO: 1157/2024 DATED
13.12.2024 OF THE SAKTHIKULANGARA POLICE
STATION, KOLLAM DISTRICT
Annexure A2 TRUE COPY OF THE AGREEMENT BETWEEN
COMPLAINANT AND 1ST ACCUSED DATED
03.08.2022
Annexure A3 TRUE COPY OF THE FIR NO: 676/2024 DATED
01.09.2024 OF HILL PALACE POLICE STATION,
ERNAKULAM
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APPENDIX OF BAIL APPL. 5367/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
1157/2024 DATED 13.12.2024
Annexure A2 TRUE COPY OF THE JUDGMENT PASSED IN BA
Annexure A3 TRUE COPY OF JUDGMENT PASSED IN BA NO.
Annexure A4 TRUE COPY OF LEGAL NOTICE DEMANDING MONEY
DATED 29.01.2025
Annexure A5 TRUE COPY OF THE ORDER IN IA NO. 2/2024
IN OS NO. 986/2024 DATED 08.11.2024 ON
THE FILE HON'BLE PRINCIPAL MUNSIFF COURT
AT ERNAKULAM
