Saj Mohan vs. State Of Kerala

Bail Appl./7440/2023HC KeralaGSTCNR KLHC01061602202301 November 2023Bench: HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.4 pages

AI SummaryAllowed

Held

The Court noted that an interim order for pre-arrest bail had already been granted, which the petitioner complied with and was released. The Court, therefore, made the earlier interim order absolute, subject to conditions like cooperating with the investigation and not tampering with evidence.

Facts

The petitioner, a director of Cubas International Private Limited, sought pre-arrest bail for alleged offences under Sections 406 and 420 of the Indian Penal Code. He was accused of cheating and misappropriating company funds, leading to losses and the company's inability to pay GST after 2021.

Key Issues

The key legal issue was whether the petitioner was entitled to pre-arrest bail under Section 438 of the Code of Criminal Procedure for the alleged offences of cheating and criminal breach of trust.

Sections Cited

None

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. WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 BAIL APPL. NO. 7440 OF 2023 CRIME NO.694/2023 OF CHERTHALA POLICE STATION, ALAPPUZHA PETITIONER/S: SAJ MOHAN, AGED 36 YEARS S/O. MOHANAN, VALIYODITHARA, KUDAVECHOOR P.0., VAIKOM, KOTTAYAM DISTRICT, PIN - 686144 BY ADVS. JOSEPH RONY JOSE E.A.JOSE K.G.GOPAKUMAR K.N.NAZEERA JYOTHI ABRAHAM RESPONDENT/S: 1. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 SANGEETHA SASIDHARAN W/O SASIDHARAN, DIRECTOR, CUBASS INTERNATIONAL PVT. LTD., 3/385, KALAVANI COTTAGE, VARANADU, CHERTHALA, ALAPPUZHA DISTRICT 688 524 IS IMPLEADED AS ADDITIONAL RESPONDENT 2 AS PER ORDER DATED 21-9-23 IN CRL MA 1/23 SRI.P.G.MANU(MAMMALASSERY), SR.PP R2 BY SRI.D.AJITHKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL.NO.7440 OF 2023 2

This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the sole accused in Crime No.694/2023 of Cherthala Poli

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.