Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944 BAIL APPL. NO. 10393 OF 2022 CRIME NO.1126/2022 OF Nemom Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENTCRMC 2650/2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, THIRUVANANTHAPURAM / III ADDITIONAL MACT PETITIONER:
JOMON JOSE AGED 28 YEARS, S/O.JOSE, EDASSERY HOUSE, NALLAMTHANNI, EDAKKARA VILLAGE, MALAPPURAM DISTRICT, PIN - 679330 BY ADV K.MOHANAKANNAN RESPONDENT:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, PIN – 682031 BY ADV SRI.M.C.ASHI - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM, J.
= = = = = = = = = = = = = = = = = = = = B.A. No.10393 of 2022 = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of January, 2023 O R D E R This is an application for anticipatory bail.
2.
The petitioner is the sole accused in Crime No.1126/2022 of Nemom Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 406, 419, 420 and Section 467 of the IPC.
3.
The prosecution allegation is that, the accused who was working as an Accountant at Mayoori Furniture Show Room at Nemom, deceived the management from 27.10.2020 to 18.09.2022 by not transferring the labour charges to the tune of Rs.7,45,500/-of Headload workers to the Headload workers Welfare Fund Board and by using the cheque leaves of Federal bank and HDFC bank of the account of Mayoori Furniture transferred an amount of Rs.2,79,320/- to the account of his brother and Rs.21,500/- to the account of his friend, the accused further misappropriated an amount of Rs.20 lakhs by using forged bills and his google pay QR code from the customers of the said shop and thereby committed the aforesaid offences.
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4.
The learned counsel for the petitioner submitted that he has been falsely implicated in the above said crime. It is further submitted that in fact it is the company that had evaded GST the petitioner has not misappropriated any GST amount.
Two other transactions mentioned in FIR is absolutely false and that with regard to one the same is an adjustment during the COVID 19 Pandemic period as agreed by the company. It is further contended that he has no other criminal antecedents and he is ready and willing to fully co-operate with the investigation.
Even though the alleged crime occurred during 2020 a complaint was preferred only in the year 2022. This itself will show the falsity of the allegation.
5.
The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner has misappropriated huge amount to the tune of Rs.30 lakhs and thereby cheated the defacto complainant but submitted that the petitioner has no other criminal antecedents.
6.
Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the opinion that the custodial interrogation may not be required for the purpose of the investigation and only a limited custody be granted for the same. In the result, this application is allowed.
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It is directed that the petitioner shall surrender before the investigating officer on 16.01.2023, at 11 a.m, and subject himself for interrogation on that day and on any other day/days as directed by the investigating officer. The petitioner shall co- operate with the investigation. In the event of arrest of the petitioner in Crime No.1126/2022 of Nemom Police Station, Thiruvananthapuram, he shall be produced before the jurisdictional Court on the very same day and shall be released on bail, subject to the following conditions:- (i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) The petitioner shall appear before the investigating officer in Crime No.1126/2022 of Nemom Police Station, Thiruvananthapuram, on every Saturday, at 11 am, until the filing of the final report;
(iii) Petitioner shall appear before the investigating officer in Crime No.1126/2022 of Nemom Police Station, Thiruvananthapuram as and when summoned to do so;
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(iv) The petitioner shall not attempt to (contact the victim or the defacto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.1126/2022 of Nemom Police Station, Thiruvananthapuram;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1126/2022 of Nemom Police Station, Thiruvananthapuram may file an application before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663).
Sd/-
VIJU ABRAHAM, JUDGE ded/10.01.2023