Judgment
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 O R D E R 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 2022 of Crime Branch Economic Offences Wing (Kannur and Kasargode Unit) alleginG offences punishbale 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
BA No.8689 of 2023 3 complainant by fraudulently creating false documents showing receipts of materials purchased for works which cancelled. 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 submitted that the petitioner is totally innocent of the allegations levelled against him and he was surrendered on 25-9-2023 and was remanded to judicial custody.
The petitioner herein is a trader and he is running a trading firm in the name and style M/S. GEO MACH ETERPRIZES. His firm is registered under the Ministry of Micro, Small and Medium Enterprises, Government of India. The petitioner's firm GEO MACH Enterprizes is a consultancy and trading firm established in the year 2013. It is supplying vegetables to Horticorp and also the authorised sales agent of Dalmia cenemts. As trader M/S.GEO Mach ENTERPRIZES purchase materials and sell it to its customers. The petitioner herein is an absolute stranger as far as the agreement between the first accused and the defacto complainant society is concerned. The petitioner as a trader purchases the building materials required by the first accused from Vilskkumadam Constructions, Sreekailas, Parvachmabalam, Nemom and it is the said company which
BA No.8689 of 2023 4 will deliver the materials at the sight of the first accused. The allegations against the petitioner is that is issued invoice to defacto complainant and collected money in connection with work which was initially granted to first accused and cancelled later on. The said allegation is baseless.
5. Learned Public Prosecutor objects to the application for bail contending that the investigation is going on and that the involvement of the owner of GEOMECH, the petitioner herein, is being investigated. He also raises an apprehension that if the petitioner is released now, the investigation could be adversely affected.
6. Having considered the rival submissions, I find the allegations against the petitioner are serious. The investigation revealed that the society which was granted the work had entrusted suppliers to supply the requisite materials to the accused. GEOMECH was the supplier of the major part of goods. The suppliers then sent bills to the society and as per the e-mail confirmation from the first accused, the society paid the bill amounts to the suppliers mainly to the petitioner's firm GEOMECH. The society did not physically examine the supply of materials on the site and this helped both the accused to cheat the society from 2021 March onwards. The investigation revealed that the accused who is the managing partner of GEOMECH had supplied steel to several sites and had conspired with the other accused to cheat the society through issuing
BA No.8689 of 2023 5 invoices of building materials which include GST which were not actually supplied in the sites. It is also to be noted that the works include the renovation of Valiya Kalungu stadium at Aryanad, THQ Hospital Chavakkad, the Construction of the PHC Building at Kadanad, Kottayam, Construction of a New Building for the Vaccine Store at Kollam and New PHC at Iravipuram.
7. The allegation of the petitioner and A1 committing conspiracy and sending invoices of building materials to society, without supplying the goods in any sites and obtaining bill amounts from the society, thereby cheating the defacto complainant requires serious and in-depth investigation. I find force in the argument of the learned Public Prosecutor that the release of the petitioner at this stage would seriously affect the investigation. Under such circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the bail application is dismissed.
MOHAMMED NIAS C.P.
JUDGE dlk 27.10.2023
BA No.8689 of 2023 6 APPENDIX OF BAIL APPL. 8689/2023 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE OF M/S GEO MACH ENTERPRIZES Annexure A2 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE Annexure A3 TRUE COPY OF INVOICE NO 1 DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure A3 (a) TRUE COPY OF INVOICE NO 2 DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure A3 (b) TRUE COPY OF INVOICE NO 3 DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure A3 (c) TRUE COPY OF INVOICE NO 4 DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure A3 (d) TRUE COPY OF INVOICE NO 5 DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure A3 (e) TRUE COPY OF INVOICE NO 6 DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure A3 (f) TRUE COPY OF INVOICE NO 7 DATED 27/10/2020 ISSUED BY VILAKKUMADAM CONSTRUCTIONS TO M/S GEO MACH ENTERPRIZES Annexure A4 TRUE COPY OF THE NOTICE NO WAP/KERALA/2021/0306/427 DATED 03/06/2021 ISSUED BY WAPCOS LIMITED TO 1ST ACCUSED Annexure A5 THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/11 DATED 03/12/2020
BA No.8689 of 2023 7 Annexure A5 (a) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/12 DATED 03/12/2020 Annexure A5 (b) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/15 DATED 15/12/2020 Annexure A5 (c) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/16 DATED 23/12/2020 Annexure A5 (d) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/17 DATED 23/12/2020 Annexure A5 (e) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/19 DATED 24/12/2020 Annexure A5 (f) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/20 DATED 24/12/2020 Annexure A5 (g) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20/23 DATED 11/02/2021 Annexure A5 (h) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20/24 DATED 11/02/2021 Annexure A5 (i) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20/25 DATED 09/02/2021 Annexure A5 (j) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/05 DATED 19/11/2020 Annexure A5 (k) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/06 DATED 21/11/2020 Annexure A5 (l) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/07 DATED 21/11/2020 Annexure A5 (m) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/03 DATED 13/11/2020 Annexure A5 (n) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/02 DATED 13/11/2020 Annexure A5 (o) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/01 DATED 13/11/2020 Annexure A5 (p) THE TRUE COPY OF TAX INVOICE NO GEO/EC/20- 21/18 DATED 23/12/20
BA No.8689 of 2023 8 Annexure A6 THE TRUE COPY OF THE SCREEN SHOTS OF DASH BOARD GST PORTAL OF GEO MACH ENTERPRIZES Annexure A7 THE TRUE COPY OF ORDER IN CRL. MC NO 809 OF 2023 OF THE COURT OF SESSIONS JUDGE, THALASSERY DATED 22/05/2023 Annexure A8 THE TRUE COPY OF THE ORDER IN BAIL APPLICATION NO 4658/2023 OF HON'BLE HIGH COURT OF KERALA DATED 12/09/2023 Annexure A9 THE TRUE COPY OF THE ORDER IN CMP NO 6795/2023 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR DATED 27/09/2023