Varghese A.AugustIn Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1101511
CourtKerala High Court
Decided OnDec-16-2013
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantVarghese A.Augustin
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph monday, the16h day of december201325th agrahayana, 1935 bail appl..no. 8154 of 2013 () ------------------------------- crime no. 110/2013 of kadavanthara police station, ernakulam dist. ....... petitioners/accused no1& 2: --------------------------------------------------- 1. varghese a.augustin, aged36years, s/o.augustine mathew, angamaliveli veedu, aroor, cherthala, alappuzha district.2. rexi varghese, aged30years, w/o.varghese, angamaliveli veedu, aroor, cherthala, alappuzha district. by advs.sri.s.rajeev, sri.k.k.dheerendrakrishnan. respondents/state: ----------------------------------- 1. state of kerala, rep. by public prosecutor, high court of kerala, ernakulam-682 031, (crime no.110/2013, of kadavanthara police station , ernakulam district).2. station house officer, kadavanthara police station, ernakulam district- 682 020, (crime no. 110/2013 of kadavanthara police station, ernakulam district). by public prosecutor mr.sreejith. this bail application having come up for admission on1612-2013, the court on the same day passed the following: rs. thomas p. joseph, j.-------------------------------- bail appl. no. 8154 of 2013 -------------------------------------------- dated this the 16th day of december 2013 order petitioners are accused nos.1 and 2, in crime no.110 of 2013 of the kadavanthara police station for the offences punishable under secs.120b, 415, 420, 465, 468 and 471 read with sec.34 of the indian penal code, apprehend arrest and have filed this application.2. learned public prosecutor, while opposing the application has submitted that the petitioners availed loan of 2.40 crores from kerala state industrial development corporation (ksidc) and produced forged documents ( of immovable properties). the documents were found to be forged. it is submitted that the instructions given is that the petitioners have paid rs.1.38 crores but, the balance amount with interest from the date of default etc. is due.3. learned counsel submits that the petitioners have not committed any offence. they had submitted the documents to the representative of the ksidc. apart bail appl. no. 8154 of 2013 2 from the second security, immovable property worth rs.8 crores is also given as security to the ksidc and hence, the amount due to the ksidc is otherwise secured. a further submission is that the petitioners still continue to pay the amount due to the ksidc. learned counsel has offered to produce additional second security to the ksidc to the satisfaction of that corporation.4. having regard to the circumstances of the case, i am inclined to grant time to the petitioners to surrender in the court concerned and seek regular bail and issue directions to be complied in the meantime. the application is disposed of as under.1. petitioners are granted 45 (forty five) days from this day to surrender in the court concerned and seek regular bail.2. petitioners shall surrender before the officer investigating crime no.110 of 2013 of the kadavanthara police station on 23.12.2013 at 10 a.m., for interrogation.3. in case interrogation of the petitioners is bail appl. no. 8154 of 2013 3 not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.4. in case arrest of the petitioners is recorded, they shall be released (if not required to be detained otherwise) for the rest of the period of the said 45 days (from the date of arrest) subject to the following conditions. a) petitioners shall report to the investigating officer as and when required for interrogation. b) petitioners shall co-operate with the investigation of the case. c) petitioners shall, within one month from this day furnish additional security of immovable properties to the ksidc for the balance amount as calculated by that corporation, to its satisfaction as security for the balance amount due to the said bail appl. no. 8154 of 2013 4 corporation. it is for the corporation to accept it not. d) petitioners shall continue to pay the balance amount due to the corporation. e) in case any of the above condition is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in p.k. shaji v. state of kerala (air2006sc100. f) it is directed that it is open to the petitioners to appear before the learned magistrate within the time aforesaid and seek bail with intimation given to the assistant public prosecutor concerned at least three working days in advance. g) in considering whether the petitioners should be granted bail or not, learned magistrate shall take into account all the relevant circumstances including whether the bail appl. no. 8154 of 2013 5 petitioners have complied with the conditions above stated and pass orders having regard to the facts and circumstances after hearing both sides. h) in case the petitioners do not surrender before the court concerned within the time aforesaid, this order will cease to be effective on the expiry of the time granted. sd/- thomas p. joseph judge / true copy / ns p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE16H DAY OF DECEMBER201325TH AGRAHAYANA, 1935 Bail Appl..No. 8154 of 2013 () ------------------------------- CRIME NO. 110/2013 OF KADAVANTHARA POLICE STATION, ERNAKULAM DIST. ....... PETITIONERS/ACCUSED NO1& 2: --------------------------------------------------- 1. VARGHESE A.AUGUSTIN, AGED36YEARS, S/O.AUGUSTINE MATHEW, ANGAMALIVELI VEEDU, AROOR, CHERTHALA, ALAPPUZHA DISTRICT.

2. REXI VARGHESE, AGED30YEARS, W/O.VARGHESE, ANGAMALIVELI VEEDU, AROOR, CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENTS/STATE: ----------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO.110/2013, OF KADAVANTHARA POLICE STATION , ERNAKULAM DISTRICT).

2. STATION HOUSE OFFICER, KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT- 682 020, (CRIME NO. 110/2013 OF KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT). BY PUBLIC PROSECUTOR MR.SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1612-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. No. 8154 of 2013 -------------------------------------------- Dated this the 16th day of December 2013 ORDER

Petitioners are accused nos.1 and 2, in Crime No.110 of 2013 of the Kadavanthara Police station for the offences punishable under Secs.120B, 415, 420, 465, 468 and 471 read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.

2. Learned Public Prosecutor, while opposing the application has submitted that the petitioners availed loan of 2.40 Crores from Kerala State Industrial Development Corporation (KSIDC) and produced forged documents ( of immovable properties). The documents were found to be forged. It is submitted that the instructions given is that the petitioners have paid Rs.1.38 Crores but, the balance amount with interest from the date of default etc. is due.

3. Learned counsel submits that the petitioners have not committed any offence. They had submitted the documents to the representative of the KSIDC. Apart Bail Appl. No. 8154 of 2013 2 from the second security, immovable property worth Rs.8 Crores is also given as security to the KSIDC and hence, the amount due to the KSIDC is otherwise secured. A further submission is that the petitioners still continue to pay the amount due to the KSIDC. Learned counsel has offered to produce additional second security to the KSIDC to the satisfaction of that corporation.

4. Having regard to the circumstances of the case, I am inclined to grant time to the petitioners to surrender in the Court concerned and seek regular bail and issue directions to be complied in the meantime. The application is disposed of as under.

1. Petitioners are granted 45 (forty five) days from this day to surrender in the Court concerned and seek regular bail.

2. Petitioners shall surrender before the officer investigating Crime No.110 of 2013 of the Kadavanthara Police station on 23.12.2013 at 10 a.m., for interrogation.

3. In case interrogation of the petitioners is Bail Appl. No. 8154 of 2013 3 not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.

4. In case arrest of the petitioners is recorded, they shall be released (if not required to be detained otherwise) for the rest of the period of the said 45 days (from the date of arrest) subject to the following conditions. a) Petitioners shall report to the investigating officer as and when required for interrogation. b) Petitioners shall co-operate with the investigation of the case. c) Petitioners shall, within one month from this day furnish additional security of immovable properties to the KSIDC for the balance amount as calculated by that corporation, to its satisfaction as security for the balance amount due to the said Bail Appl. No. 8154 of 2013 4 corporation. It is for the corporation to accept it not. d) Petitioners shall continue to pay the balance amount due to the corporation. e) In case any of the above condition is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. f) It is directed that it is open to the petitioners to appear before the learned magistrate within the time aforesaid and seek bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance. g) In considering whether the petitioners should be granted bail or not, learned magistrate shall take into account all the relevant circumstances including whether the Bail Appl. No. 8154 of 2013 5 petitioners have complied with the conditions above stated and pass orders having regard to the facts and circumstances after hearing both sides. h) In case the petitioners do not surrender before the Court concerned within the time aforesaid, this order will cease to be effective on the expiry of the time granted. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge