BharatTaxGST

Unnikrishnan P.P vs. State Of Kerala

Bail Appl./9980/2023HC KeralaGSTCNR KLHC01083097202321 November 2023Bench: HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.8 pages
AI SummaryAllowed

Held

The High Court granted regular bail to the petitioner, noting the period of custody, the progress of the investigation, and the absence of any apprehension of absconding or criminal antecedents. Bail was granted subject to conditions including executing a bond, appearing before the investigating officer, and surrendering the passport.

Facts

The petitioner, 2nd accused, is alleged to have colluded with the 1st accused (a contractor) by issuing fraudulent tax invoices and collecting over Rs. 3.16 Crores from a society without supplying materials for cancelled construction works. This led to charges under Sections 406 and 420 of the Indian Penal Code.

Key Issues

The key legal issue was whether the petitioner, the second accused in a case involving cheating and criminal breach of trust related to fraudulent invoices, should be granted regular bail under Section 439 of the Code of Criminal Procedure.

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 MOHAMMED NIAS C.P. TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945 BAIL APPL. NO. 9980 OF 2023 CRIME NO.220/2022 OF CRIME BRANCH ECONOMIC OFFENCES WING (KANNUR AND KASARGOD UNIT) PETITIONER/2ND ACCUSED: UNNIKRISHNAN P.P, AGED 52 YEARS S/O P.V.KUNJAPPA NAIR, 7D JUPITER TRINITY WORLD, ERNAKULAM, PIN – 682037 BY ADVS. P.K.VARGHESE M.T.SAMEER DHANESH V.MADHAVAN JERRY MATHEW K.R.ARUN KRISHNAN NAMITHA K.S. RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SRI.M.C.ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.9980/2023 ..2.. MOHAMMED NIAS C.P., J. - - - - - - - - - - - - - - - - - - - - - B.A.No. 9980/2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2023

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

2.

The petitioner is the 2nd accused in Crime No.220/CB/EOW/KNR KSD/R 2022 of Crime Branch Economic Offences Wing (Kannur

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.