Unnikrishnan P.P vs. State Of Kerala

Bail Appl./8689/2023HC KeralaGSTCNR KLHC01071311202330 October 2023Bench: HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.8 pages
AI SummaryDismissed

Held

The Court held that the allegations against the petitioner were serious and required in-depth investigation. It found that the petitioner conspired with the first accused to cheat the society by issuing invoices for materials, including GST, that were not supplied. Granting bail at this stage would adversely affect the ongoing investigation.

Facts

The petitioner, accused no. 2 and managing partner of GEOMECH, sought regular bail in a case alleging offences under Sections 406 and 420 IPC. He is accused of conspiring with the first accused (a contractor) to cheat a society by issuing tax invoices for building materials, including GST, and collecting payments without actually supplying the goods to construction sites for works that were later cancelled. The prosecution alleged that the society paid GEOMECH based on the first accused's confirmation without verifying actual material delivery.

Key Issues

Whether the petitioner, accused of conspiracy and cheating by issuing false invoices for unsupplied goods, should be granted regular bail given the seriousness of the allegations and the ongoing investigation.

Sections Cited

Section 406, Section 420

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
BA No.8689 of 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 30TH DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945 BAIL APPL. NO. 8689 OF 2023 CRIME NO.220//CB/EOW/KNR KSD/R 2022 OF CRIME BRANCH ECONOMIC OFFENCES WING (KANNUR AND KASARGODE UNIT) PETITIONER/ACCUSED NO.2: UNNIKRISHNAN P.P., AGED 52 YEARS S/O P.V. KUNHAPPA NAIR, 7D JUPITER TRINITY WORLD, ERNAKULAM, KERALA, PIN - 682037 BY SRI.DARSAN SOMANATH RESPONDENT/COMPLAINANT & STAE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2023, THE COURT ON 30.10.2023 DELIVERED THE FOLLOWING: BA No.8689 of 2023 2 MOHAMMED NIAS C.P.J .................................................. BA No.8689 of 2023 .......................................... Dated this the 30th day of October, 2023

This is an application filed under section 439 of the Code of Criminal Procedure seeking regular bail.

2.

The petitioner is the second accused in Crime No.220/CB/EOW/KNR KSD/R 2

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.