Kerala High Court
David George vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 10353 OF 2022
CRIME NO.910/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED NO. 5:
DAVID GEORGE
AGED 64 YEARS
SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON,THOTTAPUZHASSERI
VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549
BY ADVS.
C.C.ANOOP
BOBY THOMAS
N.RENJU
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689548
BY SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, ALONG WITH Bail Appl..10213/2022, 10216/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 10213 OF 2022
CRIME NO.931/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED NO.5:
DAVID GEORGE
AGED 64 YEARS
SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON
THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT,
PIN - 689549
BY ADVS.
C.C.ANOOP
BOBY THOMAS
N.RENJU
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689548
BY SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, ALONG WITH Bail Appl..10353/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 10216 OF 2022
CRIME NO.921/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED NO.2:
DAVID GEORGE
AGED 64 YEARS
SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON
THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT,
PIN - 689549
BY ADVS.
C.C.ANOOP
BOBY THOMAS
N.RENJU
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689548
BY SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, ALONG WITH Bail Appl..10353/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 10221 OF 2022
CRIME NO.918/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED NO.2:
DAVID GEORGE
AGED 64 YEARS
SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON
THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT,
PIN - 689549
BY ADVS.
C.C.ANOOP
BOBY THOMAS
N.RENJU
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689548
BY SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, ALONG WITH Bail Appl..10353/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 10234 OF 2022
CRIME NO.917/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED NO.5:
DAVID GEORGE
AGED 64 YEARS
SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON
THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT,
PIN - 689549
BY ADVS.
C.C.ANOOP
BOBY THOMAS
N.RENJU
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689548
BY SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, ALONG WITH Bail Appl..10353/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 10360 OF 2022
CRIME NO.909/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED NO.5:
DAVID GEORGE
AGED 64 YEARS
SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON,THOTTAPUZHASSERI
VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549
BY ADVS.
C.C.ANOOP
BOBY THOMAS
N.RENJU
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689548
BY SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, ALONG WITH Bail Appl..10353/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 10373 OF 2022
CRIME NO.911/2022 OF Koipuram Police Station, Pathanamthitta
PETITIONER/ACCUSED NO.5:
DAVID GEORGE
AGED 64 YEARS
SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON,THOTTAPUZHASSERI
VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549
BY ADVS.
C.C.ANOOP
BOBY THOMAS
N.RENJU
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT.,
PIN - 689548
BY SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, ALONG WITH Bail Appl..10353/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022
8
VIJU ABRAHAM , J.
===========================
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234,
10360 and 10373 of 2022
============================
Dated this the 12th day of January, 2023
ORDER
These are applications for regular bail.
2. In B.A. No. 10353/2022, petitioner is the 5 th accused in Crime No. 910/2022 of Koipuram Police Station, Pathanamthitta alleging commission of offences punishable under Sections 409 and 420 read with Section 34 of the Indian Penal Code and Section 5 read with Sections 23, 25(1) and 3 read with 21(2)(3) of The Banning of Unregulated Deposit Schemes Act.
3. In B.A. No. 10213/2022, petitioner is the 5 th accused in Crime No. 931/2022 of Koipuram Police Station, Pathanamthitta alleging commission of offences punishable under Section 420 of the Indian Penal Code and Section 5 read with Sections 23, 25(1) and 3 read with 21(2)(3) of The Banning of Unregulated Deposit Schemes Act.
4. In B.A. No. 10216/2022, petitioner is the 2 nd accused in Crime No. 921/2022 of Koipuram Police Station, Pathanamthitta alleging commission of offences punishable under Section 420 read with Section 34 of the Indian Penal Code. Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022 9
5. In B.A. No. 10221/2022, petitioner is the 2 nd accused in Crime No. 918/2022 of Koipuram Police Station, Pathanamthitta alleging commission of offences punishable under Section 420 read with Section 34 of the Indian Penal Code and Section 5 read with Sections 23, 25(1) and 3 read with 21(2)(3) of The Banning of Unregulated Deposit Schemes Act.
6. In B.A. No. 10234/2022, petitioner is the 5 th accused in Crime No. 917/2022 of Koipuram Police Station, Pathanamthitta alleging commission of offences punishable under Section 420 of the Indian Penal Code and Section 5 read with Sections 23, 25(1) and 3 read with 21(2)(3) of The Banning of Unregulated Deposit Schemes Act.
7. In B.A. No. 10360/2022, petitioner is the 5 th accused in Crime No. 909/2022 of Koipuram Police Station, Pathanamthitta alleging commission of offences punishable under Section 409, 420 read with Section 34 of the Indian Penal Code and Section 5 read with Sections 23, 25(1) and 3 read with 21(2)(3) of The Banning of Unregulated Deposit Schemes Act.
8. In B.A. No. 10373/2022, petitioner is the 5 th accused in Crime No. 911/2022 of Koipuram Police Station, Pathanamthitta alleging commission of offences punishable under Section 409, 420 read with Section 34 of the Indian Penal Code and Section 5 Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022 10 read with Sections 23, 25(1) and 3 read with 21(2)(3) of The Banning of Unregulated Deposit Schemes Act.
9. Essentially the allegation against the petitioner is that the accused induced the defacto complainants with a promise of a higher rate of interest and received deposits and thereafter failed to return the amounts and thereby committed the alleged offences.
10. The petitioner has a specific case that, he is only an employee of the financial institutions run by the other accused who are the directors of the company. The institution has 43 branches and petitioner is only an employee in one of the branch of the institution. He has acted only in accordance with the directions of the directors of the institution. Petitioner has a specific case that he has resigned from service even one year prior to the registration of the above said crime.
11. The learned Public Prosecutor seriously opposed the application for bail mainly contending that petitioner is involved in more than 100 cases. Petitioner submits that in similar case, this Court has granted bail to him in B.A. No. 10351/2022.
12. Petitioner was arrested in 01.12.2022 in Crime No. 910/2022 and his arrest was recorded in the other cases and is continuing in detention since then.
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022 11
13. Considering the fact that petitioner is in custody from 01.12.2022 onwards, I am inclined to grant bail to the petitioner, but taking into consideration the serious criminal antecedents, the same shall only be on stringent conditions.
In the result, these bail applications are allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall appear before the investigating officer in the above said crimes of Koipuram Police Station on all Saturdays at 11.00 a.m. for a period of six months.
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;
(iv) The petitioner shall not involve in any other crime while on bail.
Bail Appln. Nos. 10353, 10213, 10216, 10221, 10234, 10360 and 10373 of 2022 12
(v) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court.
(vi) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
If any of the aforesaid conditions are violated, the investigating officer in the above said crimes of Koipuram Police Station, may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM JUDGE sbk/-