Vishnuprasad T U vs. State Of Kerala, Rep By S.P. Of Police

Bail Appl./11585/2023HC KeralaGSTCNR KLHC01098312202321 February 2024Bench: HONOURABLE MR.JUSTICE C.S.DIAS11 pages

For Petitioner: RAKESH P., MAMATHA S

AI SummaryDismissed

Held

The High Court dismissed the pre-arrest bail application, finding the accusations to be serious economic offences. It held that the investigation was at a nascent stage, custodial interrogation was necessary, and recovery needed to be effected, thus no exceptional grounds were made out for granting pre-arrest bail.

Facts

The petitioner, a Finance Manager, is accused of misappropriating Rs. 1,38,20,250/- entrusted for paying statutory dues like GST, Income Tax, PF, ESI, and TDS, by transferring it to his personal account and forging payment receipts. He sought pre-arrest bail under Section 438 of the CrPC.

Key Issues

The key legal issue was whether the petitioner was entitled to pre-arrest bail given the gravity of the alleged economic offences, the nascent stage of the investigation, and the necessity of custodial interrogation and recovery.

Sections Cited

Section 438 of the Code of Criminal Procedure, 1973

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945 BAIL APPL. NO. 11585 OF 2023 CRIME NO.2256/2023 OF TOWN EAST POLICE STATION, THRISSUR PETITIONER: VISHNUPRASAD T U, AGED 28 YEARS S/O UNNIKRISHNAN T M, THOTTIPARAMBIL HOUSE,VATTANATHRA P O, AMBALLUR, THRISSUR DISTRICT, PIN - 680302 BY ADVS. RAKESH P. MAMATHA S. RESPONDENTS: 1 STATE OF KERALA, REP BY S.P. OF POLICE, THRISSUR TOWN EAST POLICE STATION, (CRIME NO.2256/2023 OF THRISSUR TOWN EAST POLICE STATION),REP. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 JOHNS PAUL VALAPPILA, S/O. PAUL VALAPPILA, VALAPILA (H), VAZHAKKALA, THRIKKAKARA P O, ERNAKULAM DISTRICT ( IS IMPLEADED

DATED 21.2.2024 IN CRL. M.A NO.1 OF 2024) BY ADVS. N.U.HARIKRISHNA MITHUN BABY JOHN SR.PUBLIC PROSECUTOR SMT. NEEMA T.V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. NO.11585 of 2023 2 Dated this the 21st day of February, 2024 O R D E R The application is filed under Section 438 of the Code of Criminal P

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.