Rishad Mon vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 25, 2023

~4 min read

https://sooperkanoon.com/case/1343808

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1343808
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: May 25, 2023
Case Number: Bail Appl./1991/2023

Parties & Advocates

Appellant / Petitioner

Rishad Mon

Respondent

State of Kerala

Excerpt

.....petitioner as well as the learned public prosecutor.3. i have perused the relevant documents form part of the case diary placed by the learned public prosecutor.3. the prosecution case is that, the accused herein, collectedrs. 2,30,000/- from the defacto complainant by two installments through vandoor sbi branch (on 19.09.2023 & 03.08.2022) and 2,10,000/- from her husband in four installments starting from the month of june, 2021 and rs. 50,000/-, through wandoor federal bank branch, promising to pay share of profit. according to the prosecution, the amount was transferred to the account of the petitioner who got arrayed as 3rd accused and who managed the account. it was offered by the accused that high amount of dividend to be given apart from the capital amount. however, no amount towards dividend or principle amount as such not returned. the prosecution alleges that thepetitioner herein committed breach of trust as well as cheating after sharing common intention so as to make unlawful enrichment to the accused and corresponding loss to the defacto complainant and his wife.5. the learned counsel for the petitioner submitted that thepetitioner is innocent and he did not pursue any person to deposit the said amount. at the same time, it is submitted that, the account, through which transfer alleged to be made, is one belonged to the petitioner, but the same was handled by the brother who is arrayed as the 2nd accused. submitting so and raising plea of absolute innocence, the learned counsel for the petitioner pressed for grant of anticipatory bail to the petitioner.6. the learned public prosecutor placed the report of theinvestigating officer and argued that the petitioner herein, is the person who dealt with money through his account and therefore, his complicity is very well evident, prima facie. it is also submitted that crime no. parassala polilce station, also registered against the same accused including the petitioner for similar offences. as per the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 25TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945 CRIME NO. 561 OF 2022 OF WANDOOR POLICE STATION, MALAPPURAM PETITIONER/ACCUSED NO.3: RISHAD MON AGED 36 YEARS S/O. AHAMMED KUTTY, AGED 36 YEARS, KUNNUMMAL HOUSE, MANAKKATTUPARAMBA, WEST CHATHALLOOR, CHATHALLOOR P.O., PERAKAMANNA, MALAPPURAM DISTRICT, PIN - 676541 BY ADV K.RAKESH RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE STATION HOUSE OFFICER WANDOOR POLICE STATION, MALAPPURAM DISTRICT, PIN - 679328 BY SRI. M P PRASANTH PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 25th day of May, 2023 This is an application for anticipatory bail filed by the 3 rd accused in Crime No. 561/2023 of Wandoor Police Station, Malappuram.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.

3. The prosecution case is that, the accused herein, collected

Rs. 2,30,000/- from the defacto complainant by two installments through Vandoor SBI branch (on 19.09.2023 & 03.08.2022) and 2,10,000/- from her husband in four installments starting from the month of June, 2021 and Rs. 50,000/-, through Wandoor Federal Bank branch, promising to pay share of profit. According to the prosecution, the amount was transferred to the account of the petitioner who got arrayed as 3rd accused and who managed the account. It was offered by the accused that high amount of dividend to be given apart from the capital amount. However, no amount towards dividend or principle amount as such not returned. The prosecution alleges that the

petitioner herein committed breach of trust as well as cheating after sharing common intention so as to make unlawful enrichment to the accused and corresponding loss to the defacto complainant and his wife.

5. The learned counsel for the petitioner submitted that the

petitioner is innocent and he did not pursue any person to deposit the said amount. At the same time, it is submitted that, the account, through which transfer alleged to be made, is one belonged to the petitioner, but the same was handled by the brother who is arrayed as the 2nd accused. Submitting so and raising plea of absolute innocence, the learned counsel for the petitioner pressed for grant of anticipatory bail to the petitioner.

6. The learned Public Prosecutor placed the report of the

investigating officer and argued that the petitioner herein, is the person who dealt with money through his account and therefore, his complicity is very well evident, prima facie. It is also submitted that Crime No. Parassala polilce Station, also registered against the same accused including the petitioner for similar offences. As per the records collected by the prosecution, Rs. 15.8 Lakh altogether transferred in

the account of the accused and no money so far returned. It is also submitted by the investigating officer that on 16.01.2023, when the police party reached the house of the petitioner to arrest him, he obstructed the official duty of the police men and ran away, for which Crime No. 60/2023 alleging commission of offence punishable under

Section 353 r/w 34 of IPC was registered. The learned Public Prosecutor highlighted the necessity of custodial interrogation of the petitioner.

7. In the case at hand, specific allegation is that the defacto

complainant deposited Rs. 2,30,000/- in two installments during 3rd August and 19th September and her husband deposited 2,10,000/- and Rs. 50,000/- starting from June 2021. The records available would go to show that the money was remitted in the account of the petitioner /3rd accused . It is relevant to note that, altogether Rs.15.82 Lakh was deposited in the account of the petitioner and this is the 3rd crime registered on similar allegations, apart from crime No. 60/2023, which was registered on the allegation that the petitioner obstructed the duty of the police men, when he was about to be arrested in

connection with this case. Since, sufficient materials are available prima facie to show the complicity of the petitioner in this crime, he

cannot be released on anticipatory bail, as the same would hamper the investigation. Having considered the facts of the case as stated, the learned Public Prosecutor is right in arguing that arrest, recovery and custodial interrogation of the petitioner are necessary in this matter to accomplish meaningful investigation and eventful of prosecution. Therefore, this is not a case of anticipatory bail.

Accordingly, this bail application is dismissed. Sd/- A. BADHARUDEEN,JUDGE mtk

Same Court & Year Kerala Orders · 2023 Same Parties Rishad Mon vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen