Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944 BAIL APPL. NO. 4846 OF 2022 CRIME NO.95/2022 OF PERUMBAVOOR POLICE STATION.
PETITIONER:
SHAABU.V.G.
AGED 52 YEARS VALIYAPURACKAL HOUSE, PERUMBAVOOR.P.O., B.O.C.ROAD, ERNAKULAM DISTRICT., PIN - 683542 BY ADVS.
RAJESH VIJAYAN SIKHA S.NAIR RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 RAJAN P.S., AGED 75 YEARS, S/O SHANKARAN, PARAMBIKKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM, PIN-683542.
(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 22.02.2023 IN CRL.M.A.NO.1/2022) BY ADVS.
SR.PUBLIC PROSECUTOR SRI.P.G.MANU C.Y. VINOD KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4846 OF 2022 2 A. BADHARUDEEN, J.
------------------------------------------------- B.A.No.4846 of 2022 ------------------------------------------------- Dated this the 22nd day of February, 2023 O R D E R This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, by the petitioner, who is the sole accused, in Crime No.95 of 2022 of Perumbavoor Police Station, Ernakulam. The offences alleged against the petitioner are punishable under Sections 498, 468 and 471 of IPC.
2.
Heard the learned counsel for the petitioner, Sri.C.Y.Vinod Kumar, the learned counsel appearing for the de facto complainant and also the learned Public Prosecutor.
3.
I have perused the relevant materials produced by the learned Public Prosecutor.
4.
The prosecution case is that the accused herein misused the Aadhar card and PAN card of the de facto complainant under the name and style “Bhavani Wood
BAIL APPL. NO. 4846 OF 2022 3 Products” by creating forged documents and obtained GST number in the name of the de facto complainant. The de facto complainant noticed the said fact when he was given notice by the GST department to remit an amount Rs.5,97,439/- as arrears under the GST. The de facto complainant raised contention that he had handed over his PAN card to one Vinod, for the purpose of opening account in IDBI Bank and he did not hand over the said document to any other persons other than the petitioner. His further statement is that thereafter one Mahesh S/o.Gopi Puthiyedath informed him that the “Bhavani Wood Products” is a company run by Shaabu (accused) a friend of him and Shaabu would pay the amount.
5.
The learned counsel for the petitioner would submit that this Court directed the petitioner to appear before the investigating officer on 16.12.2022 and 17.12.2022, as per order dated 14/12/2022 and accordingly, he appeared before the investigating officer and subjected himself for interrogation. The learned
BAIL APPL. NO. 4846 OF 2022 4 counsel for the petitioner further submits that the petitioner is innocent and the allegations are false. He also submits that the petitioner is ready to be abide by any conditions for granting anticipatory bail to aid the prosecution in accordance with law.
6.
The learned counsel for the de facto complainant placed heavy reliance to Annexure R2(a) statement of facts submitted by the investigating officer in reply to the allegations in W.P.(Crl.) No.725 of 2022 and argued that as per the narration in the statement of facts, it is revealed that the accused herein forged an agreement dated 19.10.2022 in the name of Mr.D.Chandramohan and the complainant. Thereafter GST number was procured in the name of “Bhavani Wood Products” by the accused and the OTP pertaining to the GST registration was obtained in the number provided by Mr.Jackson, who was the owner of RJ Associates which is tax consultancy concern. The statement goes further that, on questioning, Jackson revealed that the disputed GST number was created by him
BAIL APPL. NO. 4846 OF 2022 5 for Shaabu S/o.Gopalan. It is submitted by the learned counsel for the de facto complainant further that since there is no effective investigation in the crime and ultimately the de facto complainant who has no liability to pay the GST would in peril and therefore he had filed W.P.(Crl) seeking effective investigation in this crime.
7.
The learned Public Prosecutor also shared the arguments of the de facto complainant while pointing out the fact that the prosecution case is well made out prima facie.
8.
On perusal of the available records the prosecution case is well made out and the complicity of the petitioner is well established, prima facie. However, the petitioner already subjected himself for interrogation as directed by another learned Judge of this Court, earlier. Even though, the available materials forming part of the prosecution records as well as the statement of facts produced as Annexure R2(a), shows progress in the investigation, effective investigation
BAIL APPL. NO. 4846 OF 2022 6 can be ensured by directing the petitioner again for subjecting himself for interrogation for two days and aid the investigation.
9.
It is observed that ultimately if it is found that the de facto complainant is not the person who obtained the GST registration, penalizing or releasing the amount from him is absolute injustice. Therefore, it is made clear that the de facto complainant can move before the appropriate forum, in accordance with law to avoid payment of GST, particularly in view of the statement filed by the investigating officer. Further the GST Department can proceed against the petitioner to realise the amount in accordance with law, if he can be adjudged as the defaulter.
10.
Analyzing the facts and circumstances of the case, this petition stands allowed, directing the petitioner to subject himself for interrogation for two days in between 10.00 a.m and 04.00 p.m. Thereby, the petitioner is enlarged on bail on the following
BAIL APPL. NO. 4846 OF 2022 7 conditions:
i.
The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner for two days in between 10.00 a.m and 04.00 p.m., if necessary. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself.
ii.
On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.50,000/- (Rupees fifty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.
iii.
The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. Further the petitioner shall meet the investigating officer on all Mondays in between 10.00 a.m and 04.00 p.m.,
BAIL APPL. NO. 4846 OF 2022 8 without fail, for a period of two months to aid the investigation.
iv.
The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.
v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.
Sd/-
A. BADHARUDEEN, JUDGE AS
BAIL APPL. NO. 4846 OF 2022 9 APPENDIX OF BAIL APPL. 4846/2022 PETITIONER'S ANNEXURES:
ANNEXURE1 TRUE COPY OF THE F.I.R IN CRIME NO.95/2022 OF PERUMBAVOOR POLICE STATION.
RESPONDENTS' ANNEXURES ANNEXURE R2(A) COPY OF THE STATEMENT DATED 27/9/22 FILED BY THE INVESTIGATING OFFICER BEFORE THE HON'BLE HIGH COURT OF KERALA