Judgment
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 O R D E R This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.
2. The petitioner is the sole accused in Crime No.821/2023 of Cherthala Police Station, Alappuzha District, registered for offences punishable under Sections 406 and 420 of the Indian Penal Code.
3. The petitioner/accused is one of the directors of Cubas International Private Limited. He had direct contact with the customers of the company. When the company supplies materials to the dealers, a bill has to be generated, and the GST amount also has to be remitted each month. The company was paying the GST amount regularly for the materials supplied till 2021. Due to the cheating and misappropriation of funds of the company by the accused, the company has sustained loss and now the company is not doing any business.
4. The learned counsel for the petitioner contended that
BAIL APPL.NO.7438 OF 2023 3 the prosecution allegations are false and the offences against the petitioner would not lie.
5. I have considered the rival contentions.
6. It is seen that this Court had granted an interim order on 21.09.2023 directing the petitioner to surrender before the investigating officer for subjecting himself to interrogation. It was also directed that, on such surrender, 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 Investigating Officer.
7. The learned counsel for the petitioner submits that pursuant to the above order, the petitioner had appeared before the Investigating Officer as directed and has been released on bail.
8. In such circumstances, I am inclined to pass an order making the earlier interim order absolute, subject to the following conditions:
1.The petitioner shall cooperate with the investigation and shall appear as and when
BAIL APPL.NO.7438 OF 2023 4 directed by the Investigating Officer.
2.The petitioner shall not intimidate or attempt to influence the witnesses, tamper with any evidence, or get involved in similar offences while on bail.
3.The petitioner shall not leave India without permission of the jurisdictional court.
4.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/- MOHAMMED NIAS C.P.
JUDGE shg