BharatTaxGST

Saj Mohan vs. State Of Kerala

Bail Appl./7438/2023HC KeralaGSTCNR KLHC01061584202301 November 2023Bench: HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.4 pages
For Respondent: SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
AI SummaryAllowed

Held

The High Court made its earlier interim order for pre-arrest bail absolute. The petitioner was directed to cooperate with the investigation and was released on bail subject to standard conditions, including not tampering with evidence or leaving India without permission.

Facts

The petitioner, a director of Cubas International Pvt. Ltd., was accused in Crime No. 821/2023 for cheating and misappropriating company funds, which allegedly led to the company's inability to pay GST. He sought pre-arrest bail under Section 438 CrPC for offences under Sections 406 and 420 IPC.

Key Issues

The key legal issue was whether to grant pre-arrest bail to the petitioner, who was accused of cheating and misappropriation of company funds, impacting the company's GST remittances.

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. 7438 OF 2023 CRIME NO.821/2023 OF CHERTHALA POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED 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/COMPLAINANT: 1 *ADD.R2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 SANGEETHA SASIDHARAN , AGED 47, W/O SASIDHARAN, DIRECTOR, CUBASS INTERNATIONAL PVT. LTD., 3/385, KALAVANI COTTAGE, VARANADU, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688524 *[IS IMPLEADED AS PER ORDER DATED 21.09.2023 IN CRL.M.A.1/2023] OTHER PRESENT: SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, 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.7438 OF 2023 2

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

2.

The petitioner is the sole

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.