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David George vs State of Kerala

David George vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 31, 2023
~7 min read
https://sooperkanoon.com/case/1375540

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./6003/2023

Parties & Advocates

Appellant / Petitioner

David George

Respondent

State of Kerala

Excerpt

.....c s hrithwik - sr pp adv seetha s - sr pp 31.07.2023, along with bail appl..5995/2023, 5998/2023 and connected cases, the court on the same day delivered the following: bail appl. no. 5995 of 2023 crime no 1005 of 2022 of koipuram police station petitioner/accused no 2: bail appl. no. 5998 of 2023 crime no 1008 of 2022 of koipuram police station petitioner/accused no 5: bail appl. no. 5999 of 2023 crime no 1002 of 2022 of koipuram police station petitioner/accused no 5: by adv boby thomas bail appl. no. 6003 of 2023 crime no 1029 of 2022 of koipuram police station petitioner/accused no 3: bail appl. no. 6007 of 2023 crime no 1021 of 2022 of koipuram police station petitioner/accused no 5: bail appl. no. 6023 of 2023 crime no 1006 of 2022 of koipuram police station petitioner/accused no 2: other present: adv. sreeja v - sr pp bail appl. no. 6030 of 2023 crime no 1032 of 2022 of koipuram police station petitioner/accused no 5: other present: adv seetha s - sr pp bail appl. no. 6031 of 2023 crime no 1030 of 2022 of koipuram police station petitioner/accused no 5: other present: adv. sreeja v - sr pp bail appl. no. 6033 of 2023 crime no 1041 of 2022 of koipuram police station petitioner/accused no 5: other present: adv. sreeja v - sr pp bail appl. no. 6034 of 2023 crime no 1028 of 2022 of koipuram police station petitioner/accused no 2: other present: adv. sreeja v - sr pp bail appl. no. 6037 of 2023 crime no 1009 of 2022 of koipuram police station petitioner/accused no 5: other present: adv. c s hrithwik - sr pp bail appl. no. 6041 of 2023 crime no 1044 of 2022 of koipuram police station petitioner/accused no 3: other present: adv. sreeja v - sr pp bail appl. no. 6046 of 2023 crime no 1043 of 2022 of koipuram police station petitioner/accused no.5: other present: adv. c s hrithwik - sr pp bail appl. no. 6047 of 2023 crime no 1046 of 2022 of koipuram police station petitioner/accused no 5: other present: adv. c s hrithwik - sr pp this bail application having come.....

Full Judgment

BAIL APPL. NO. 6004 OF 2023 CRIME NO 1010 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: S/O K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN -

OTHER PRESENT: ADV. SREEJA V - SR PP ADV. C S HRITHWIK - SR PP ADV SEETHA S - SR PP 31.07.2023, ALONG WITH Bail Appl..5995/2023, 5998/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 5995 OF 2023 CRIME NO 1005 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 2: BAIL APPL. NO. 5998 OF 2023 CRIME NO 1008 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: BAIL APPL. NO. 5999 OF 2023 CRIME NO 1002 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: BY ADV BOBY THOMAS BAIL APPL. NO. 6003 OF 2023 CRIME NO 1029 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 3: BAIL APPL. NO. 6007 OF 2023 CRIME NO 1021 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: BAIL APPL. NO. 6023 OF 2023 CRIME NO 1006 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 2: OTHER PRESENT: ADV. SREEJA V - SR PP BAIL APPL. NO. 6030 OF 2023 CRIME NO 1032 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: OTHER PRESENT: ADV SEETHA S - SR PP BAIL APPL. NO. 6031 OF 2023 CRIME NO 1030 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: OTHER PRESENT: ADV. SREEJA V - SR PP BAIL APPL. NO. 6033 OF 2023 CRIME NO 1041 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: OTHER PRESENT: ADV. SREEJA V - SR PP BAIL APPL. NO. 6034 OF 2023 CRIME NO 1028 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 2: OTHER PRESENT: ADV. SREEJA V - SR PP BAIL APPL. NO. 6037 OF 2023 CRIME NO 1009 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: OTHER PRESENT: ADV. C S HRITHWIK - SR PP BAIL APPL. NO. 6041 OF 2023 CRIME NO 1044 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 3: OTHER PRESENT: ADV. SREEJA V - SR PP BAIL APPL. NO. 6046 OF 2023 CRIME NO 1043 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO.5: OTHER PRESENT: ADV. C S HRITHWIK - SR PP BAIL APPL. NO. 6047 OF 2023 CRIME NO 1046 OF 2022 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED NO 5: OTHER PRESENT: ADV. C S HRITHWIK - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 31.07.2023, ALONG WITH Bail Appl..6004/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

These are applications filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the Accused No.2 in B.A Nos. 5995,

6023 and 6034 of 2023, accused No.3 in B.A Nos. 6041 and 6003 of 2023 and Accused No.5 in all other cases in the respective crimes registered by Koipuram Police Station, Pathanamthitta. The offences alleged against the petitioner are under Sections 420 and 409 r/w 34 of the Indian Penal Code and also under Sections 3 and 5 of the Banning of Unregulated Deposit Schemes Act

3. The allegation against the petitioner and other accused

in all the crimes above is that the accused persons collected huge amounts from the respective defacto complainants with a promise to return the same with a high interest rate. However, they neither provided the returns as offered, and the amount was also not refunded. Various complaints were submitted by a large number of persons against the accused persons, and crimes were registered accordingly. It is pointed out that the petitioner has been in custody since 11.01.2023 in connection with some other crimes, even though the formal arrest in all these cases was

recorded on 26.06.2023 except the crimes involved in B.A Nos 5998, 5999 and 6003 of 2023. In the said cases, the arrest was recorded on 05.07.2023.

4. The contention put forward by the learned counsel for

the petitioner is that he was only a financial manager of the company which accepted the deposits, and he being an employee, was not having any control over the affairs of the said company. It is further submitted that the petitioner is falsely implicated in the above said crimes and also that he is prepared to abide by any of the conditions imposed. It is further pointed out that, in two of the cases registered against him, the petitioner was granted bail as

per orders dated 12.01.2023 in B.A. No.10353/2022 and the order

dated 03.02.2023 in B.A. No.487/2023 by this Court.

5. On the other hand, the learned Public Prosecutor

opposed the aforesaid applications and submitted that, as against the petitioner now, more than 150 cases had been registered, and huge amounts were misappropriated by the petitioner, which was collected from a large number of persons offering a high rate of interest. It is pointed out that if the petitioner is released on bail,

he is likely to abscond, which will affect the investigation of the cases and the trial to be conducted.

6. I have gone through the records and heard the

contentions raised for both sides. There are indeed allegations against the petitioner, and he is involved in several other cases of similar nature as well. However, the specific contention put forward by the learned counsel for the petitioner is that he was only one of the employees of the institution which collected the deposits, and he had no control over the affairs of the same. It is also pointed out that the petitioner resigned from the service of the said company one year before the registration of the said offences.

7. After considering all the relevant aspects and also

taking note of the fact that the petitioner has been in custody for the past more than five months (in connection with the other crimes and for more than two months in these crimes), I am of the view that bail can be granted to the petitioner. While taking this view, I have also taken note of the orders of bail passed by this Court in B.A. Nos.487/2023 and 10353/2022. From the materials placed on record, it is evident that the investigation has

progressed substantially, and further incarceration of the petitioner appears to be not necessary. As far as the apprehension voiced by the learned Public Prosecutor is concerned, I am of the view that the same can be addressed by incorporating appropriate conditions to ensure the presence of the petitioner and also his

cooperation with the investigation. Accordingly, these bail applications are allowed and the petitioner is directed to be released on bail subject to the following conditions:- i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation. iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report. iv) The petitioner shall also appear before the Investigating Officer as and when required. v) 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. vi) The petitioner shall not commit any offence of similar nature while on bail. vii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. vii) The petitioner shall not leave India without the permission of the trial Court. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law. Sd/- ZIYAD RAHMAN A.A JUDGE rpk

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