Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3579 OF 2024 CRIME NO.694/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. VIPIN NARAYAN -SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3581 OF 2024 CRIME NO.697/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. VIPIN NARAYAN -SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3582 OF 2024 CRIME NO.705/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. SANAL P. RAJ -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3583 OF 2024 CRIME NO.733/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. VIPIN NARAYAN -SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3584 OF 2024 CRIME NO.741/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. SANIL P. RAJ -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3586 OF 2024 CRIME NO.282/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. SANIL P. RAJ -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3587 OF 2024 CRIME NO.446/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. VIPIN NARAYAN -SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3588 OF 2024 CRIME NO.651/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP RESPONDENTS/STATE: 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 SRI. SANIL P. RAJ -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
.................................................................................. B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024 …...................................................... Dated this the 3rd day of May, 2024
ORDER
These applications are filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
2. The petitioner is the 5th accused in Crime Nos.694,
697, 705, 733, 741, 282, 446 and 651 of 2024 of the Koipuram Police Station, Pathanamthitta. Those crimes were registered against the accused and his co-accused alleging commission of offences punishable under Sections 409 and 420 r/w Section 34 of the Indian Penal Code, 1860 (‘IPC’, for short), and Sections 5, 23, 3 and 21 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act, for short).
3. The prosecution case, in brief, is that accused 1 to 4 -
the Directors of PRD MINI NIDHI Ltd., had collected deposits to the tune of Rs.8,00,000/- (rupees Eight Lakh only) against the norms of the Reserve Bank of India from the defacto- complainant and failed to return the money to the defacto- complainant. The fifth accused was the manager of the company. Thus, the accused have committed the above offences.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crimes. The petitioner was not in charge of the administration or management of the affairs of the company, but was only a paid employee. Nonetheless, the petitioner was arrested in several cases and was released on bail. In addition to the above arrest and release, this Court has granted the petitioner an order of pre-arrest bail in a few other cases. At any rate, the custodial interrogation of the petitioner is not necessary and no recovery is to be effected. The petitioner is willing to cooperate with the Investigating Officer and abide by any condition that may be imposed by this Court. Hence, the application may be allowed.
6. The learned Public Prosecutor strenuously opposed
the application. Nonetheless, it is conceded that the petitioner was only a paid employee of the company and this Court has granted the petitioner an order of pre-arrest bail in B.A.No.1403/2024.
7. On a consideration of the facts, the materials placed
on record the rival submissions made across the Bar, and particularly, taking note of the fact that the petitioner was only a paid employee of the company, I am of the view that the petitioner's custodial interrogation is not necessary in these cases. Hence, I allow these applications, but subject to stringent conditions. In the result, these applications are allowed subject to the following conditions:
i) The petitioner is directed to surrender before the Investigating Officer within one week from today.
ii) In the event of the petitioner's arrest, the Investigating Officer shall after interrogation and necessary processes of investigation shall release him on bail on his executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like amount each, to his satisfaction, in each of the said cases;
iii) The petitioner shall co-operate with the investigation and make himself available for interrogation as and when the Investigating Officer directs; iv) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner; vi) The petitioner shall not get involved in any other offence while on bail. vii) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. viii) Applications for deletion/modification of the bail conditions shall also be filed before the court below.
ix) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].
x) Any observation made in this order is only for the purpose of deciding the application and the same shall not be construed as an expression on the merits of the case to be decided by the Courts. Sd/-
P.G. AJITHKUMAR, JUDGE Dxy APPENDIX OF BAIL APPL. 3579/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.694/2024 OF THE KIOPURAM POLICE STATION APPENDIX OF BAIL APPL. 3581/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.697/2024 OF THE KIOPURAM POLICE STATION APPENDIX OF BAIL APPL. 3582/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.705/2024 OF THE KIOPURAM POLICE STATION APPENDIX OF BAIL APPL. 3583/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.733/2024 OF THE KIOPURAM POLICE STATION APPENDIX OF BAIL APPL. 3584/2024 PETITIONER ANNEXURES Annexure A 1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.741/2024 OF THE KIOPURAM POLICE STATION APPENDIX OF BAIL APPL. 3586/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.282/2024 OF THE KIOPURAM POLICE STATION APPENDIX OF BAIL APPL. 3587/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.446/2024 OF THE KIOPURAM POLICE STATION APPENDIX OF BAIL APPL. 3588/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.651/2024 OF THE KIOPURAM POLICE STATION