Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Kerala High Court

Jose K S vs State Of Kerala on 15 September, 2020

Author: Ashok Menon

Bench: Ashok Menon

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                       Bail Appl..No.5284 OF 2020

  CRIME NO./0 OF Pathanamthitta Police Station , Pathanamthitta


PETITIONER/S:

                JOSE K S
                AGED 63 YEARS
                KULANGARA HOUSE, PUTHANPEEDIKA,
                OMALLOOR, PATHANAMTHITTA DISTRICT.
                689647

                BY ADVS.
                SRI.G.PRIYADARSAN THAMPI
                SMT.SINDHU R.NAIR

RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                KERALA, ERNAKULAM
                682031

                R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:

                PP - SRI. SANTHOSH PETER

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5285/2020, Bail Appl..5286/2020,
Bail Appl..5287/2020, Bail Appl..5288/2020, Bail Appl..5289/2020,
Bail Appl..5290/2020, Bail Appl..5291/2020, Bail Appl..5292/2020,
Bail Appl..5293/2020, Bail Appl..5294/2020, Bail Appl..5295/2020,
Bail Appl..5296/2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -2-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5285 OF 2020

        CRIME NO./0 OF Konni Police Station , Pathanamthitta


PETITIONER/S:

                 BABY GIRIJA K
                 AGED 57 YEARS
                 KAMALA MANGALEM, IRAVON P.O.,
                 KONNI, PATHANAMTHITTA DISTIRCT.
                 689691

                 BY ADVS.
                 SRI.G.PRIYADARSAN THAMPI
                 SMT.SINDHU R.NAIR

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP- C.N.PRABHAKARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -3-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5286 OF 2020

      CRIME NO./0 OF Koipuram Police Station , Pathanamthitta


PETITIONER/S:

                 JOHN SCARIA
                 AGED 61 YEARS
                 PARAYIL HOUSE, THELLIYOOR P.O.
                 VENNIKULAM, PATHANAMTHITTA DISTRICT.
                 689544

                 BY ADVS.
                 SRI.G.PRIYADARSAN THAMPI
                 SRI.SAJESH K. SAM

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - SRI. SANTHOSH PETER

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -4-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5287 OF 2020

  CRIME NO./0 OF Pathanamthitta Police Station , Pathanamthitta


PETITIONER/S:

                 SUMA JOHN
                 AGED 52 YEARS
                 WIFE OF JOHN K.G.,
                 KIZHAKKEDATHU HOUSE, KODUMALTHARA,
                 PATHANAMTHITTA.
                 689645

                 BY ADVS.
                 SRI.G.PRIYADARSAN THAMPI
                 SMT.SINDHU R.NAIR
                 SRI.SAJESH K. SAM

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - C.N.PRABHAKARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -5-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5288 OF 2020

  CRIME NO./0 OF Pathanamthitta Police Station , Pathanamthitta

PETITIONER/S:

                 ALICE KUTTY AT
                 AGED 55 YEARS
                 KOZHIKKUNNATHU HOUSE,
                 KADAMMANITTA P.O., PATHANAMTHITTA.
                 689649

                 BY ADVS.
                 SRI.G.PRIYADARSAN THAMPI
                 SRI.SAJESH K. SAM

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - SRI. SANTHOSH PETER

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -6-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5289 OF 2020

      CRIME NO./0 OF Koipuram Police Station , Pathanamthitta


PETITIONER/S:

                 GEORGE THOMAS
                 AGED 64 YEARS
                 THOVELIL HOUSE, CHIRAYIRAMPU P.O.,
                 MARAMAN, PATHANAMTHITTA DISTIRCT.
                 689549

                 BY ADV. SRI.G.PRIYADARSAN THAMPI

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - C.N.PRABHAKARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -7-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5290 OF 2020

  CRIME NO./0 OF Pathanamthitta Police Station , Pathanamthitta


PETITIONER/S:

                 JACOB GEORGE
                 AGED 58 YEARS
                 SON OF K.M. GOERGE, SHANKARATHIL,
                 KUMPUZHA P.O., PATHANAMTHITTA
                 689014

                 BY ADV. SRI.G.PRIYADARSAN THAMPI

RESPONDENT/S:

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

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - SRI. SANTHOSH PETER

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -8-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5291 OF 2020

  CRIME NO./0 OF Pathanamthitta Police Station , Pathanamthitta

PETITIONER/S:

                 T G JOYKUTTY
                 AGED 71 YEARS
                 SON OF GEORGE THOMAS, THAZHATHETHIL HOUSE,
                 MUNDUKOTTAKKAL P.O., PATHANAMTHITTA DISTRICT.
                 PATHANAMTHITTA, PIN - 689649.

                 BY ADV. SRI.G.PRIYADARSAN THAMPI

RESPONDENT/S:

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

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - C.N.PRABHAKARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                       -9-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5292 OF 2020

      CRIME NO./0 OF KOIPURAM Police Station , Pathanamthitta

PETITIONER/S:

                 JOHN VARGHESE
                 AGED 66 YEARS
                 KOTTANKOTTAL HOUSE, THELLIYOOR P.O.,
                 VENNIKULAM, PATHANAMTHITTA.
                 689544

                 BY ADVS.
                 SRI.G.PRIYADARSAN THAMPI
                 SMT.SINDHU R.NAIR

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - SRI. SANTHOSH PETER

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                      -10-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5293 OF 2020

      CRIME NO./0 OF Koipuram Police Station , Pathanamthitta


PETITIONER/S:

                 MOLY ABRAHAM
                 AGED 65 YEARS
                 VALIYAPARAMBIL POIKAYIL,,
                 KUMBANADU P.O., THIRUVALLA,
                 PATHANAMTHITTA.
                 689531

                 BY ADVS.
                 SRI.G.PRIYADARSAN THAMPI
                 SMT.SINDHU R.NAIR

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - C.N.PRABHAKARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                      -11-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5294 OF 2020

        CRIME NO./0 OF Ranni Police Station , Pathanamthitta


PETITIONER/S:

                 P M MATHEW
                 AGED 62 YEARS
                 POTTANKAL HOUSE, MANDHIRAM P.O.,
                 RANNI, PATHANAMTHITTA,
                 689672

                 BY ADV. SRI.G.PRIYADARSAN THAMPI

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - SRI. SANTHOSH PETER

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                      -12-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5295 OF 2020

      CRIME NO./0 OF Aranmula Police Station , Pathanamthitta


PETITIONER/S:

                 SREEDEVI
                 AGED 59 YEARS
                 KULANGARA PUTHAN VEEDU,
                 NALKALIKKAL P.O., ARANMULA, PATHANAMTHITTA,
                 689514

                 BY ADVS.
                 SRI.G.PRIYADARSAN THAMPI
                 SMT.SINDHU R.NAIR
                 SRI.SAJESH K. SAM

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA, ERNAKULAM
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP- C.N.PRABHAKARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                      -13-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

                           Bail Appl..No.5296 OF 2020

    CRIME NO./0 OF Keezhvaipur Police Station , Pathanamthitta


PETITIONER/S:

                 JOHN THOMAS
                 AGED 62 YEARS
                 SON OF MJ THOMAS, ALA-MELETHIL,
                 MALLAPPALLY WEST P.O., MALLAPPALLY,
                 PATHANAMTHITTA.
                 689585

                 BY ADV. SRI.G.PRIYADARSAN THAMPI

RESPONDENT/S:

                 STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                 KERALA
                 682031

                 R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:
             PP - SRI. SANTHOSH PETER

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2020, ALONG WITH Bail Appl..5284/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA Nos.5284/2020 & conn.

                                     -14-




                               O R D E R

[ Bail Appl..5284/2020, Bail Appl..5285/2020, Bail Appl..5286/2020, Bail Appl..5287/2020, Bail Appl..5288/2020, Bail Appl..5289/2020, Bail Appl..5290/2020, Bail Appl..5291/2020, Bail Appl..5292/2020, Bail Appl..5293/2020, Bail Appl..5294/2020, Bail Appl..5295/2020, Bail Appl..5296/2020 ] Dated this the 15th day of September 2020 The applicants in BA Nos.5284, 5287, 5288, 5290 and 5291 of 2020 apprehend arrest in unknown crimes of Pathanamthitta Police Station, while the applicants in BA Nos.5286, 5289, 5292 and 5293 of 2020 apprehend arrest in unknown crimes of Koipuram Police Station, Pathanamthitta District. Likewise, the applicants in BA Nos.5285, 5294, 5295 and 5296 of 2020 anticipate arrest in unknown crimes of Konni, Ranni, Aranmula and Keezhvaipur Police Stations, respectively.

2. It is submitted that the applicants are all employees of Popular Finance, a concern which is allegedly involved in swindling crores of rupees from several persons who have invested their money. The managing director and some of the directors were arrested, and the applicants who are all employees, also apprehend arrest. Hence, they have approached this Court seeking anticipatory bail.

3. The learned Public Prosecutors, under instructions, submit that, as of now, none of the applicants has been made accused in the crimes involving Popular Finance and only the Managing Director and the other Directors have been made accused. It may be necessary to question them BA Nos.5284/2020 & conn.

-15-

in connection with those crimes. The apprehension of the applicants that they may be arrested immediately is, therefore, misplaced.

The bail applications are, therefore, disposed of with a direction to the concerned Station House Officers to the effect that the applicants shall not be arrested until served with notices under Section 41A Cr.PC, in case they are made as accused in the crimes for a non-bailable offence.

Sd/-

ASHOK MENON JUDGE jg