Jomon Jose vs. State Of Kerala

Bail Appl./10393/2022HC KeralaGSTCNR KLHC01090675202210 January 2023Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM5 pages

For Petitioner: K.MOHANAKANNAN

AI SummaryAllowed

Held

The High Court granted anticipatory bail to the petitioner, concluding that custodial interrogation might not be essential for the investigation. The petitioner was directed to surrender to the investigating officer and, upon arrest, be released on bail subject to specific conditions.

Facts

The petitioner, an accountant, was accused of misappropriating approximately Rs. 30 lakhs from his employer. Allegations included not transferring labour charges to the welfare fund, diverting company funds to personal accounts using cheques, and collecting money from customers using forged bills and his Google Pay QR code.

Key Issues

The primary legal issue was whether to grant anticipatory bail to the petitioner, considering the serious allegations of misappropriation and the petitioner's defense, including a claim that the company had evaded GST.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

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: BA No.10393 of 2022 .. 2 .. VIJU ABRAHAM, J. = = = = = = = = = = = = = = = = = = = = B.A. No.10393 of 2022 = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of January, 2023

This is an application for anticipatory bail.

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

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.