Judgment
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:
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MOHAMMED NIAS C.P., J.
- - - - - - - - - - - - - - - - - - - - - B.A.No. 9980/2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2023 O R D E R 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 and Kasargode Unit), alleging offences punishable under Sections 406 and 420 of the Indian Penal Code.
3.
The prosecution allegation is that the first accused, who is a Class A Contractor in Kerala Public Works Department, had obtained a loan of Rs.4,28,53,488/- from the defacto complainant society for the purpose of various construction works showing materials having been purchased from different entities including the petitioner's firm by name GEOMECH. The further allegation is that the first accused repaid only Rs.1,58,73,754/- and did not bother to repay the balance amount and also cheated the defacto complainant by fraudulently creating false documents showing receipts of materials purchased for works that were cancelled.
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The specific allegation against the petitioner herein, who is the second accused, is that he issued a Tax Invoice to the defacto complainant society and collected money without supplying materials at sites awarded to the first accused, which was cancelled later on. He thereby colluded with the first accused in committing the above crime.
4.
The learned counsel appearing for the petitioner would say that the petitioner has been in custody since 25/09/2023, serious allegations are against accused No.1, and he is enlarged on bail.
5.
The learned public prosecutor filed a report opposing the bail application and submitted that this petitioner issued invoices to the complainant Society and collected money without supplying materials at sites awarded to the 1st accused, which was cancelled later on.
Altogether, an amount of Rs.3,16,43,185/- was received from the Society that was not returned and committed the offence of breach of trust and cheating.
6.
After having considered the rival submissions of the learned counsel for the petitioner and learned Public Prosecutor, though the allegations against the petitioner are indeed serious, taking into account the period of custody, the fact that the investigation has progressed and also since there is no apprehension raised by the prosecution that if
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released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner more so when no other criminal antecedents have been reported against the petitioner Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:- (i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday for a period of 3 months or till the final report is filed. He shall also appear before the investigating officer as and when required.
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution
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of the bond or within three days thereafter.
(v) Petitioner shall not leave India without the prior permission of the Court concerned.
(vi) The petitioner shall not be involved in any other crime while on bail.
If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;
Sd/- MOHAMMED NIAS C.P.
JUDGE APA
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APPENDIX OF BAIL APPL. 9980/2023 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE OF M/S GEO MACH ENTERPRIZES Annexure 2 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE Annexure 3 THE TRUE COPY OF THE AGREEMENT BETWEEN ACCUSED
NO.1
AND
THE
DEFACTO COMPLAINANT SOCIETY Annexure 4 TRUE COPY OF INVOICE DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (a) TRUE COPY OF INVOICE DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (b) TRUE COPY OF INVOICE DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (c) TRUE COPY OF INVOICE DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (d) TRUE COPY OF INVOICE DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (e) TRUE COPY OF INVOICE DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (f) TRUE COPY OF INVOICE DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (g) TRUE COPY OF INVOICE DATED 14.11.2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (h) TRUE COPY OF INVOICE DATED 19.11.2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4 (i) TRUE COPY OF INVOICE DATED 23.11.2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 4(j) TRUE COPY OF INVOICE DATED 27.11.2020
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ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure 5 THE TRUE COPY OF THE NOTICE NO WAP/KERALA/2021/0306/427
DATED 03/06/2021 ISSUED BY WAPCOS LIMITED TO ACCUSED NO.1 Annexure 6 PRINTOUT
OF
THE
DATED 07.08.2021 Annexure 7 A TRUE COPY OF THE NOTICE DATED 24.03.2022 ISSUED BY WAPCOS LIMITED Annexure 8 THE TRUE COPY OF TAX INVOICE DATED 03/12/2020 Annexure 8(a) THE TRUE COPY OF TAX INVOICE DATED 03/12/2020 Annexure 8(b) THE TRUE COPY OF TAX INVOICE DATED 15/12/2020 Annexure 8 (c) THE TRUE COPY OF TAX INVOICE DATED 23/12/2020 Annexure 8 (d) THE TRUE COPY OF TAX INVOICE DATED 23/12/2020 Annexure 8(e) THE TRUE COPY OF TAX INVOICE DATED 24/12/2020 Annexure 8(f) THE TRUE COPY OF TAX INVOICE DATED 24/12/2020 Annexure 8 (g) THE TRUE COPY OF TAX INVOICE DATED 09/02/2021 Annexure 8(h) THE TRUE COPY OF TAX INVOICE DATED 11/02/2021 Annexure 8(i) THE TRUE COPY OF TAX INVOICE DATED 11/02/2021 Annexure 8(j) THE TRUE COPY OF TAX INVOICE DATED 19/11/2020 Annexure 8(k) THE TRUE COPY OF TAX INVOICE DATED 21/11/2020 Annexure 8(l) THE TRUE COPY OF TAX INVOICE DATED 21/11/2020 Annexure 8(m) THE TRUE COPY OF TAX INVOICE DATED 13/11/2020 Annexure 8(n) THE TRUE COPY OF TAX INVOICE DATED 13/11/2020 Annexure 8(o) THE TRUE COPY OF TAX INVOICE DATED 13/11/2020
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Annexure 8 (p) THE TRUE COPY OF TAX INVOICE DATED 23/12/2020 Annexure 9 THE TRUE COPY SCREEN SHOTS OF DASHBOARD GST PORTAL OF GELEMACH ENTERPRISES Annexure 10 THE TRUE COPY OF ORDER IN CRL. MC NO 809 OF 2023 OF THE COURT OF SESSIONS JUDGE, THALASSERY DATED 22/05/2023 Annexure 11 . A TRUE COPY OF THE ORDER DATED 12.09.2023 IN BAIL APPL NO.4658/2023 OF THIS HONOURABLE COURT Annexure 12 A TRUE COPY OF THE ORDER DATED 27.09.2023 IN CRL.MP NO.6795/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, KANNUR Annexure 13 A TRUE COPY OF THE ORDER DATED 30.10.2023 IN BAIL APPL. NO.8689/2023 OF THIS HONOURABLE COURT