Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 BAIL APPL. NO. 3574 OF 2022 (CRIME NO.RC 0342022A0001 OF YEAR 2022 OF CBI/SCB/THIRUVANANTHAPURAM) PETITIONER/ACCUSED NO.9: H.FATHIMA SHERIN. W/O.KHALIL RAHUMAN AGED 48 YEARS, 190, AM CHURCH STREET, CUMBUM (POST), THENI DISTRICT., PIN - 625516 BY ADVS. V.R.GOPU J.NARAYANA PILLAI URMILA.M.G RESPONDENTS:
1 CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY ITS DIRECTOR CBI HEAD OFFICE, LODHI ROAD, NEW DELHI., PIN - 110003 2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM., PIN - 682017 BY ADV SRI. MANU S. ASG OF INDIA SMT. MINI GOPINATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH Bail Appl..2875/2022, 3565/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 BAIL APPL. NO. 2875 OF 2022 (CRIME NO.RC 0342022A0001 OF YEAR 2022 OF CBI/SCB/THIRUVANANTHAPURAM) PETITIONER: SREEKALA.K, AGED 52 YEARS, WIFE OF M.K.CHANDRAN, MANJAKATTIL HOUSE, THIRUVANKULAM PO., ERNAKULAM DISTRICT, PIN - 682035 BY ADV N.J.MATHEWS RESPONDENTS: 1 CENTRAL BUREAU OF INVESTIGATION, CBI:SCB, THIRUVANANTHAPURAM, REPRESENTED BY CBI PROSECUTOR, HIGH COURT OF KERALA, KOCHI, PIN - 682031 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV SRI.MANU S. ASG OF INDIA SMT. MINI GOPINATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH Bail Appl..3574/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 BAIL APPL. NO. 3565 OF 2022 (CRIME NO.RC 0342022A0001 OF YEAR 2022 OF CBI/SCB/THIRUVANANTHAPURAM) PETITIONER/ACCUSED NO.8: JEYAPRABHA.R , W/O.MARTIN.A., AGED 31 YEARS, NAGAMALAI-PUTHUKOTTAI (POST), MADURAI., PIN - 625019 BY ADVS. V.R.GOPU J.NARAYANA PILLAI URMILA.M.G RESPONDENTS: 1 CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY ITS DIRECTOR CBI HEAD OFFICE, LODHI ROAD, NEW DELHI., PIN - 110003 2 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE & ANTI-CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM., PIN - 682017 BY ADV MANU S. ASG OF INDIA SMT.MINI GOPINATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH Bail Appl..3574/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 BAIL APPL. NO. 3575 OF 2022 (CRIME NO.RC 0342022A0001 OF YEAR 2022 OF CBI/SCB/THIRUVANANTHAPURAM) PETITIONER/ACCUSED NO.5: MARTIN.A., AGED 34 YEARS, S/O AMBROSE, 4/43, BHARATHIYAR 11TH STREET, NAGAMALAI-PUTHUKOTTAI (POST),MADURAI., PIN - 625019 BY ADVS. V.R.GOPU J.NARAYANA PILLAI URMILA.M.G RESPONDENTS:
1 CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY ITS DIRECTOR, CBI HEAD OFFICE, LODHI ROAD, NEW DELHI., PIN - 110003 2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM., PIN - 682017 3 P L VENUKUMAR, *(ADDL.R3) AGED 51 YEARS, S/O K P LAKSHMANAN PILLAI, 1ST FLOOR, ORIENTAL COMPLEX, MARKET ROAD JN, BANERJI ROAD, KOCHI, ERNAKULAM - 682 018, RESIDING AT GOKULAM, THACHEDATHU LANE, OPPOSITE LOURDES HOSPITAL PACHALAM, ERNAKULAM-682017.
(*ADDL.R3 IS IMPLEADED AS ADDL.R3 AS PER ORDER
DATED 12.07.2022 IN Crl.M.A.No.2/2022) BY ADVS. MANU S. ASG OF INDIA SMT.MINI GOPINATH C. RAJENDRAN R.S.SREEVIDYA B.K.GOPALAKRISHNAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH Bail Appl..3574/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 BAIL APPL. NO. 3593 OF 2022 (CRIME NO.RC 0342022A0001 OF YEAR 2022 OF CBI/SCB/THIRUVANANTHAPURAM) PETITIONER/ACCUSED NO.4: ANADARAJ, AGED 55 YEARS,S/O. A.PEECHIMUTHU PILLAI, DOOR NO.156, PONVIZHA NAGAR, EAST 1ST STREET, SURYA NAGAR EXTENSION, KOSAKULAMPUDUR, MADURAI., PIN - 625007 BY ADVS. V.R.GOPU J.NARAYANA PILLAI URMILA.M.G RESPONDENTS: 1 CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY ITS DIRECTOR CBI HEAD OFFICE, LODHI ROAD, NEW DELHI., PIN - 110003 2 2. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM., PIN - 682017 BY ADV MANU S. ASG OF INDIA SMT.MINI GOPINATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH Bail Appl..3574/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 BAIL APPL. NO. 3594 OF 2022 (CRIME NO.RC 0342022A0001 OF YEAR 2022 OF CBI/SCB/THIRUVANANTHAPURAM) PETITIONER/ACCUSED NO.6: DHANAPALAN, AGED 59 YEARS,S/O. THANKAYYAPILLAI, 67 INDIRA NAGAR, ALAGARKOVIL MAIN ROAD, KPUDUR, MADURAI., PIN - 625007 BY ADVS. V.R.GOPU J.NARAYANA PILLAI URMILA.M.G RESPONDENTS: 1 CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY ITS DIRECTOR CBI HEAD OFFICE, LODHI ROAD, NEW DELHI., PIN - 110003 2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM., PIN - 682017 BY ADV SRI. MANU S. ASG OF INDIA SMT. MINI GOPINATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH Bail Appl..3574/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 BAIL APPL. NO. 3614 OF 2022 (CRIME NO.RC 0342022A0001 OF YEAR 2022 OF CBI/SCB/THIRUVANANTHAPURAM) PETITIONER/ACCUSED NO.7: RAJAGOPAL.P. S/O.PANDI AGED 26 YEARS, THENI., PIN - 625516 BY ADVS. V.R.GOPU J.NARAYANA PILLAI URMILA.M.G RESPONDENTS:
1 CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY ITS DIRECTOR CBI HEAD OFFICE, LODHI ROAD, NEW DELHI., PIN - 110003 2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION BUREAU , SPECIAL CELL, KALOOR, ERNAKULAM., PIN - 682017 BY ADV SRI.MANU S. ASG OF INDIA SMT.MINI GOPINATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.07.2022, ALONG WITH Bail Appl..3574/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.BABU, J.
---------------------------------------------------- B.A Nos.2875, 3565, 3574, 3575, 3593, 3594 & 3614 of 2022 ---------------------------------------------------- Dated this the 12th day of July, 2022
ORDER
These Bail Applications are filed under Section 438 of the Code of Criminal Procedure, 1973 by accused Nos.3 to 9 in R.C.No.034/2022 registered by the CBI, SCB, Thiruvananthapuram. The offences alleged against the petitioners/accused are punishable under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988 and Sections 109, 120B, 409, 420 & 477(A) of the Indian Penal Code, 1860.
2. A number of anomalies were revealed in the audit of
accounts of the Kerala Advocates' Welfare Fund Trustee Committee for the years from 2007-2008 onwards. The Auditor, in his report dated 10.09.2018, reported that there was misappropriation of a sum of Rs.3,56,68,450/- and missing of stamps worth Rs.3,15,82,800/-. The statutory auditor appointed by the Trustee Committee found a loss of Rs.7,61,24,725/-. The loss mainly arose out of the following:
(a) Unaccounted sale of stamps.
(b) Interest received from fixed deposits as seen from accounts was less than the actual interest to be received from Bank.
(c) Excess payment of Rs.35,303/- from welfare fund account.
(d) Misappropriation to the tune of Rs.35,668,450/- with respect to sale of stamps.
(e) Shortage of unsold welfare stamp worth Rs.3,15,82,800/-.
(f) An amount of Rs.33,74,756/- related to unaccounted welfare stamp fund subscription.
(g) Inflated accounts of sales of stamps by making fictitious entries even on holidays.
3. Sri.Chandran (A1) was serving as an Accountant of the
Kerala Advocates' Welfare Fund Trustee Committee. Accused No.3 (petitioner in B.A No.2875/2022) is the wife of Sri.Chandran. It is alleged that the accounts of the Trustee Committee were diverted to 10 accounts of seven individuals who were totally unconnected with the Bar Council of Kerala and Trustee Committee. All the amounts were transferred by Sri. Chandran (A1) to the accounts of Babu Scaria (A2), Sreekala (A3), Ananda Raj (A4), Martin (A5), Dhanapalan (A6), Rajagopal (A7), Jayaprabha (A8) and Fathima Sherin (A9).
4. The Vigilance and Anti Corruption Bureau initially
registered FIR No.VC02/18/CRE of 2018 alleging offence punishable under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act against accused No.1. Investigation further revealed the involvement of the other accused. In the meanwhile, W.P(C) Nos.34989/2019 and 13861/2020 were filed seeking to transfer the investigation to the CBI.
5. This Court as per the common judgment dated 23.12.2021
allowed those writ petitions directing the CBI to take over the investigation. In compliance with the directions of this Court, the CBI registered the above crime.
6. The learned counsel for accused No.3 submitted that
accused No.3 has no connection with the alleged offences. It is submitted that the amount stated to have been credited to her account maintained in the Dhanalaxmi Bank, Bar Council branch was the money obtained by her from the income derived by operating stage carriers. The learned counsel submitted that accused No.3 has no nexus with the allegations raised.
7. Sri. V.R.Gopu, the learned counsel for accused Nos.4 to 9
submitted that accused Nos.4 to 9 have absolutely no connection with the alleged transactions passed through their accounts and they are unaware of the flow of money through their accounts. The learned counsel submitted that custodial interrogation of the accused is not required.
8. Sri.S.Manu, the learned ASGI opposed the bail plea of the
accused. The learned ASGI submitted that the investigation is only in the preliminary stage and even at this stage, the involvement of all the accused is well revealed from the materials so far collected by the Investigating agency. It is further submitted that granting of pre-arrest bail to accused Nos.3 to 9 will adversely affect the progress of the investigation. The learned ASGI submitted that custodial interrogation of the petitioners/accused Nos.3 to 9 is highly required in view of the nature of the allegations levelled against them. It is also submitted that some of the persons who have complicity with the crime are to be apprehended.
9. Sri.C.Rajendran, the learned counsel appearing for additional respondent No.3 opposed the bail plea of the accused.
10. The report submitted by the CBI reveals that the accounts
maintained by accused No.1 have a total credit of Rs.1,30,27,730/- during the relevant period and two accounts maintained by accused No.3, his wife, had transactions having nexus with the allegations. The first account had a transaction worth Rs.14,92,803/- and the second account had a transaction of Rs.83,83,448/-. The Investigating agency also reported the details of the transactions through the accounts maintained by the other accused. The following Table narrates the transactions revealed during the course of investigation: S. Name of the Account Amount Bank and Account No. N Holder (Rs.) SBI, Kosakulam:- 1 K.Babu Scaria (A2) 20,80,616.00 SBI, Kosakulam:- 2 K.Babu Scaria (A2) 84,03,930.00 Canara Bank, Madurai:- 3 K.Babu Scaria (A2) 2,10,33,916.00 1005101062075 Canara Bank:- Cumbum 4 H.Fathima Sherin (A9) 18,76,229.00 1005101051875 Canara Bank:- 5 Rajagopal P (A7) 5,95,070.00 1005101065869 SBI, Madurai Branch:- 6 Anandaraj (A4) 24,66,643.00 Canara Bank, 7 Anandaraj (A4) Mattuthavani Branch:- 21,52,124.00 3426101002015 SBI, Anayur Branch:- 8 Martin A (A5) 73,000.00 SBI, Cumbum:- 9 Jayaprabha R (A8) 30286051690 9,76,166.00 Canara Bank, K.Puthur, 10 Dhanapalan (A6) 28,74,784.00 Madurai:-1598101032227 Dhanalxmi Bank Ltd., Bar 11 Chandran M.K (A1) Council Branch:- 1,30,27,730.00 016500100008993 Canara Bank:- 12 Chandran M.K (A1) 3,09,553.00 6271101000434 Dhanalxmi Bank Ltd., Bar 13 Sreekala Chandran (A3) Council Branch:- 14,92,803.00 016500100010938 Dhanalxmi Bank Ltd., Bar 14 Sreekala Chandran (A3) Council Branch:- 83,83,448.00 016504100000959 Total amount 6,57,46,012.00
11. It is also reported that accused No.4 has criminal
antecedents. He is facing charges under Sections 489 A, B, C & D and 34 of IPC in a case before the Judicial Magistrate Court-IV, Madurai. Accused No.8 is the wife of accused No.4.
12. The learned ASGI further submitted that CBI is presently
conducting a thorough investigation on the entire aspects of the crime and some of the persons who have direct nexus with the crime, including one 'Muthu' to whom accused No.2 had transferred money, are yet to be traced. The learned ASGI raised the apprehension that if anticipatory bail is granted to the accused it will hamper the progress of the investigation. It is further submitted that there is every chance that the accused may influence the witnesses if they are granted pre-arrest bail. It is revealed from the materials placed before the Court that the crime is spread over a long period of almost 10 years. Around seven and a half crores of rupees were swindled.
13. The factors and parameters that need to be taken into consideration while dealing with anticipatory bail are:
(1) the nature and gravity of the accusation and the exact role of the accused;
(2) the antecedents of the applicant including imprisonment on conviction for cognizable offence;
(3) possibility of fleeing from justice;
(4) possibility of the accused's likelihood to repeat similar or other offences.
(5) accusations have been made only with the object of injuring or humiliating the applicant by arrest;
(6) impact of grant of anticipatory bail particularly affecting a very large number of people;
(7) courts must evaluate the entire available material carefully; greater care should be taken when the accused is implicated using Sections 34 and 149;
(8) a balance has to be struck between two factors,
namely, no prejudice should be caused to free, fair and full investigation, and there should be prevention of harassment, humiliation and unjustified detention of the accused;
(9) court should consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
(10) frivolity in prosecution should always be considered
and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal
course of events, the accused is entitled to an order
of bail. {Vide: Gurbaksh Singh Sibbia and Ors. v. State of Punjab [(1980) 2 SCC 565] and Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Ors. [(2020) 5 SCC 1]}.
14. On an analysis of the entire materials, this Court is of the
view that the petitioners/accused have failed to show that the accusations have been made without any strong foundation. They have failed to establish a prima facie case for getting the benefits contemplated in Sec.438 Cr.PC.
15. This Court is of the view that granting of pre-arrest bail
to the accused will affect the progress of the investigation. The Bail Applications, therefore, stand dismissed. Sd/- K.BABU, JUDGE KAS APPENDIX OF BAIL APPL. 2875/2022 PETITIONER ANNEXURES Annexure-I TRUE COPY OF FIR NO.RC 0342022A0001
DATED 24.03.2022 FILED BEFORE THE COURT OF THE SPECIAL JUDGE(1) FOR CBI CASES, ERNAKULAM BY THE 1ST RESPONDENT Annexure-II TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM DATED 5.7.2019 IN RELATION TO STAGE CARRIER WITH REGISTRATION NO.KL34- D-2765 Annexure-III TRUE COPY OF THE DEMAND NOTICE DATED 21.11.2018 ISSUED BY THE RTO, IN RELATION TO ARREARS OF VEHICLE TAX FOR STAGE CARRIER WITH REGISTRATION NO.KLO5- H-5340
Annexure-IV TRUE COPY OF STATEMENT OF ACCOUNT IN RELATION TO SB ACCOOUNT NO. 0165001000938 FOR THE PERIOD 1.7.2007 TO 30.6.2020 Annexure-V TRUE COPY OF THE STATEMENT OF ACCOUNTS IN RELATION TO ACCOUNT NO.016504100000959 FOR THE PERIOD FROM 1.7.2007 TO 20.7.2020 APPENDIX OF BAIL APPL. 3565/2022 PETITIONER ANNEXURES Annexure1 TTRUE COPY OF THE FIR IN CRIME NO.RC 342022A0001/2022 OFBI/SCB/THIRUVANANTHAPURAM DATED 24.3.2022. APPENDIX OF BAIL APPL. 3574/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FIR IN CRIME NO.RC 342022A0001/2022 OF CBI/SCB/THIRUVANANTHAPURAM DATED 24.3.2022. Annexure2 TRUE COPY OF THE INVESTIGATION REPORT IN FAVOUR OF PETITIONER DATED 12.4.2022. Annexure3 TRUE COPY OF THE DISCHARGE SUMMARY OF PETITIONER FROM ROHAN SEKAR HOSPITAL DATED 12.4.2022. APPENDIX OF BAIL APPL. 3575/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.RC 342022A0001/2022 OF BI/SCB/THIRUVANANTHAPURAM DATED 24.3.2022. APPENDIX OF BAIL APPL. 3593/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FIR IN CRIME NO.RC 342022A0001/2022 OFBI/SCB/THIRUVANANTHAPURAM DATED 24.3.2022. APPENDIX OF BAIL APPL. 3594/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FIR IN CRIME NO.RC 342022A0001/2022 OF BI/SCB/THIRUVANANTHAPURAM DATED 24.3.2022. APPENDIX OF BAIL APPL. 3614/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FIR IN CRIME NO.RC 342022A0001/2022 OF BI/SCB/THIRUVANANTHAPURAM DATED 24.3.2022.