Kerala High Court
Ajith Kumar B vs State Of Kerala on 16 November, 2023
B. A. No. 9561/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF NOVEMBER 2023/25TH KARTHIKA,1945
BAIL APPL. NO. 9561 OF 2023
CRIME NO.218/2022 OF NATTUKAL POLICE STATION, PALAKKAD
AGAINST THE ORDER IN CMP 2913/2023 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, PATTAMBI
PETITIONERS/ACCUSED NOS.1 & 2:
1 AJITH KUMAR B., AGED 54 YEARS,
S/O.THANKAMMA, VELUTHANATH VEEDU,ALANALLUR
POST,MANNARKKAD,PALAKKAD, PIN - 678061.
2 O.V. BINEESH, AGED 44 YEARS,
S/O VIJAYAN,OTTUPARA HOUSE,
MURIYANKANNI,KUTTAASSERY
POST,OTTAPALAM,PALAKKAD, PIN - 679504.
BY ADVS. M/S.S.RAJEEV, M.S.ANEER, V.VINAY,
PRERITH PHILIP JOSEPH, ANILKUMAR C.R., SARATH
K.P. & K.S.KIRAN KRISHNAN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031.
SRI. M.C ASHI, P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B. A. No. 9561/2023
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MOHAMMED NIAS C. P. , J.
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B. A. No. 9561 of 2023
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Dated this the 16th day of November, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioners are accused Nos. 1 & 2 in Crime No.218/2022 of Nattukal Police Station, Palakkad district, registered for having committed offences punishable under Sections 379, 406, 420, 465, 468, 471, 120B, 408 r/w 34 of the IPC.
2. The prosecution case is that the first petitioner, who was the President and the second petitioner, who was working as Secretary of Alanallur Urban Credit Society, conspired with the third accused and, with a dishonest intention, entrusted the work for interior decoration of the Head Office as well as a Branch Office, for an amount of Rs.83,00,000/- and also, thereby committed forgery and cheating and loss sustained to the society.
3. The learned counsel appearing for the petitioners would submit B. A. No. 9561/2023 ..3..
that pursuant to the decision of the Committee, certain work for renovation was entrusted, and records bear all these out. Accused Nos.1 & 2 are the President and the Secretary of the Society, respectively. The work had also commenced. The present allegation is that accused No.3 had forged a seal and an estimate showing higher amounts, and that accused Nos.1 & 2, using the same, had obtained benefits. The learned counsel points out that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 19.10.2023, and the continued custody of the petitioners is unnecessary.
4. The learned Public Prosecutor submits that accused No.3 has not been arrested so far; the computer using which forgery was committed has not been seized and, therefore, opposed the grant of bail.
5. After having considered the rival submissions and considering the fact that the petitioners have been detained since 19.10.2023 and that most of the allegations in the case are to be proved by documentary evidence, the fact that the police custody of the petitioners was given and also since there is no apprehension raised by the prosecution that if B. A. No. 9561/2023 ..4..
released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-
i. The petitioners shall be released on bail on executing separate bonds for Rs.50,000/- (Rupees Fifty Thousand only), each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
ii. The petitioners shall report before the Investigating Officer as and when required to do so.
iii.The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. iv.The petitioners shall not be involved in any other crime while on bail.
v. The petitioners shall surrender the Passport before the jurisdictional court. If the petitioners do not have a Passport, they shall execute separate affidavits to that effect and file the same before the said court within seven days from the date of their release on bail. If any of the above conditions are violated, the jurisdictional court B. A. No. 9561/2023 ..5..
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].
Sd/-
MOHAMMED NIAS C. P., JUDGE MMG B. A. No. 9561/2023 ..6..
APPENDIX OF BAIL APPL.NO.9561/2023 PETITIONERS' ANNEXURES:
ANNEXURE-I A COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT BEFORE THE MUNSIFF-MAGISTRATE COURT, MANNARKKAD, WHICH IS NUMBERED AS CMP NO. 2005/2023 DATED 07-05-2022 ANNEXURE-II A COPY OF THE FIR IN CRIME NO.218/2022 OF NATTUKAL POLICE STATION DATED 13- 05-2022 ANNEXURE-III THE COPY OF THE DECISION DATED 30-05- 2020 BY ALANALLUR CO-OPERATIVE URBAN CREDIT SOCIETY LTD.
ANNEXURE-IV A COPY OF THE DECISION DATED 14-08- 2020, BY ALANALLUR CO-OPERATIVE URBAN CREDIT SOCIETY LTD.
ANNEXURE-V COPY OF THE LETTER SENT BY THE SECRETARY, ALANALLUR CO-OPERATIVE URBAN CREDIT SOCIETY LTD., DATED 15- 08-2020 ANNEXURE-VI LETTER DATED 10-03-2021, BY WHICH THE WORK ORDER WAS GIVEN TO TECK WOOD INTERIOR AND EXTERIOR, BY ALANALLUR CO-OPERATIVE URBAN CREDIT SOCIETY LTD.
ANNEXURE-VII THE FUND ALLOCATION DECISION TAKEN BY
THE ALANALLUR CO-OPERATIVE URBAN
CREDIT SOCIETY LTD. DATED 11-06-2021 B. A. No. 9561/2023 ..7..
ANNEXURE-VIII THE DECISION OF THE ADMINISTRATIVE COMMITTEE OF ALANALLUR CO-OPERATIVE URBAN CREDIT SOCIETY LTD., TO START RELIANCE PETROL PUMP IS ALSO SUBMITTED TO THE JOINT REGISTRAR AND THE DECISION DATED 20-04-2020 ANNEXURE-IX THE DECISION TAKEN BY THE ADMINISTRATIVE COMMITTEE OF ALANALLUR CO-OPERATIVE URBAN CREDIT SOCIETY LTD., TO SHIFT THE SOCIETY TO ANOTHER BUILDING AND TO DO THE NECESSARY WORK AND THE DECISION DATED 29-01-2021 ANNEXURE-X THE NUMBER OF DIRECTOR BOARD MEMBERS, THOSE WHO PARTICIPATED IN THE DECISIONS TAKEN BY ALANALLUR CO- OPERATIVE URBAN CREDIT SOCIETY LTD., ON DIFFERENT DATES IS TABULATED FOR CONVENIENCE ANNEXURE-XI THE CERTIFIED COPY OF THE ORDER IN CMP NO.2913/2023 BY THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI (NOW IN CHARGE - JUDICIAL MAGISTRATE FIRST CLASS, MANNARKKAD), DATED 20-10- 2023