BY AD vs ADVOCATE GENERAL OFFICE KERALA

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADVS. ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) SRI C K SURESH – SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. No.3320 of 2025 3 P.G. AJITHKUMAR, J. ----------------------------------------------------------- Bail Appl. No.3320 of 2025 ----------------------------------------------------------- Dated this the 27th day of March, 2025 O R D E R Accused Nos.9 to 11, 15, 18 and 19 in Crime No.29 of 2022 of CBCID, Thrissur are the petitioners. They seek pre-arrest bail in terms of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS).

2. The crime was registered with the allegation that on the strength of false documents, loans were disbursed in the name of the defacto complainant to proxies and such amounts were misappropriated by the accused who were the officials in Karivannoor Service Co Operative Bank, and President and members of the managing committee. Petitioners were members of the managing committee during the relevant period. The offences thereby committed by them are punishable under Sections 13(1)(c) and (d) read with Section 13(2) and Section 13(1)(a) read with 13(2) of the Prevention of Corruption Act,

1988. Bail Appl. No.3320 of 2025 4

3. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

4. The present crime is one among 16 crimes against them registered with respect to the alleged forgery of documents and misappropriation. The petitioners were the members of the managing committee of the Karivannoor Service Co-operative Bank. The learned counsel for the petitioners would submit that the petitioners were arrested in connection with the related crime and were in judicial custody for more than 100 days. When they were granted anticipatory bail in Crime No.240/2021 which also was registered with the similar allegations, in the view of the learned counsel, they are entitled to a similar protective order.

5. The learned Senior Public Prosecutor would point out that huge amount was siphoned off by the members of the managing committee and major part of such amount is yet to be recovered. In the report of the investigating officer, which is made available for my perusal, it is stated that without even verifying the records submitted and the worth of the property offered as security, the loans were sanctioned resulting in loss of Bail Appl. No.3320 of 2025 5 huge amount from the bank. The offences committed are so grave. Accordingly, the petition is opposed.

6. It is seen that properties which belongs to many of the accused were freezed and to a certain extent money lost from bank could be recovered. The investigation is progressed considerably. In the circumstances of the case and present stage of the investigation, it is not appeared essential to send the petitioners to jail and detain them pending investigation. Of course, the investigation has to be taken to its logical end for which co-operation of the petitioners is absolutely necessary. They have to be under strict vigil also during the investigation. Taking into account all such aspects and also the fact that a few of the petitioners were granted anticipatory bail in related crimes, this petition is liable to be allowed. Accordingly, this petition is allowed on the following conditions: - (i) Petitioners shall be released on bail in the event of their arrest on executing a bond for Rs.5,00,000/- (Rupees Five lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be. (ii) Petitioners shall fully co-operate with the investigation, Bail Appl. No.3320 of 2025 6 including subjecting himself to the deemed police custody for discovery, if any, as and when demanded. (iii) Petitioners shall appear before the investigating officer as and when required till the final report is filed. (iv) Petitioners shall not commit any offence while on bail. (v) Petitioners shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witness or other persons related to the investigation (vi) Petitioners shall not leave the State of Kerala without the permission of the trial court. (vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court. PV Sd/- P.G. AJITHKUMAR JUDGE Bail Appl. No.3320 of 2025 7 APPENDIX OF BAIL APPL. 3320/2025 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 29 OF 2022 OF CRIME BRANCH POLICE STATION, THRISSUR DISTRICT DATED 25.02.2022 THE TRUE COPY OF THE COMPLAINT FILED BY THE MEMBERS OF THE FORMER ADMINISTRATIVE COMMITTEE INCLUDING SOME OF THE PETITIONERS BEFORE THE STATION HOUSE OFFICER, IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT DATED 12.07.2021 ANNEXURE A3 THE TRUE COPY OF THE COMMON ORDER IN B.A.NO 464 OF 2025 PASSED BY THIS HON’BLE COURT DATED 28.01.2025 ANNEXURE A4 THE TRUE COPY OF THE ORDER IN B.A.NO 9632 OF 2024 PASSED BY THIS HON’BLE COURT DATED 04.12.2024

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADVS. ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) SRI C K SURESH – SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. No.3320 of 2025 3 P.G. AJITHKUMAR, J. ----------------------------------------------------------- Bail Appl. No.3320 of 2025 ----------------------------------------------------------- Dated this the 27th day of March, 2025 O R D E R Accused Nos.9 to 11, 15, 18 and 19 in Crime No.29 of 2022 of CBCID, Thrissur are the petitioners. They seek pre-arrest bail in terms of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS).

2. The crime was registered with the allegation that on the strength of false documents, loans were disbursed in the name of the defacto complainant to proxies and such amounts were misappropriated by the accused who were the officials in Karivannoor Service Co Operative Bank, and President and members of the managing committee. Petitioners were members of the managing committee during the relevant period. The offences thereby committed by them are punishable under Sections 13(1)(c) and (d) read with Section 13(2) and Section 13(1)(a) read with 13(2) of the Prevention of Corruption Act,

1988. Bail Appl. No.3320 of 2025 4

3. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

4. The present crime is one among 16 crimes against them registered with respect to the alleged forgery of documents and misappropriation. The petitioners were the members of the managing committee of the Karivannoor Service Co-operative Bank. The learned counsel for the petitioners would submit that the petitioners were arrested in connection with the related crime and were in judicial custody for more than 100 days. When they were granted anticipatory bail in Crime No.240/2021 which also was registered with the similar allegations, in the view of the learned counsel, they are entitled to a similar protective order.

5. The learned Senior Public Prosecutor would point out that huge amount was siphoned off by the members of the managing committee and major part of such amount is yet to be recovered. In the report of the investigating officer, which is made available for my perusal, it is stated that without even verifying the records submitted and the worth of the property offered as security, the loans were sanctioned resulting in loss of Bail Appl. No.3320 of 2025 5 huge amount from the bank. The offences committed are so grave. Accordingly, the petition is opposed.

6. It is seen that properties which belongs to many of the accused were freezed and to a certain extent money lost from bank could be recovered. The investigation is progressed considerably. In the circumstances of the case and present stage of the investigation, it is not appeared essential to send the petitioners to jail and detain them pending investigation. Of course, the investigation has to be taken to its logical end for which co-operation of the petitioners is absolutely necessary. They have to be under strict vigil also during the investigation. Taking into account all such aspects and also the fact that a few of the petitioners were granted anticipatory bail in related crimes, this petition is liable to be allowed. Accordingly, this petition is allowed on the following conditions: - (i) Petitioners shall be released on bail in the event of their arrest on executing a bond for Rs.5,00,000/- (Rupees Five lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be. (ii) Petitioners shall fully co-operate with the investigation, Bail Appl. No.3320 of 2025 6 including subjecting himself to the deemed police custody for discovery, if any, as and when demanded. (iii) Petitioners shall appear before the investigating officer as and when required till the final report is filed. (iv) Petitioners shall not commit any offence while on bail. (v) Petitioners shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witness or other persons related to the investigation (vi) Petitioners shall not leave the State of Kerala without the permission of the trial court. (vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court. PV Sd/- P.G. AJITHKUMAR JUDGE Bail Appl. No.3320 of 2025 7 APPENDIX OF BAIL APPL. 3320/2025 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 29 OF 2022 OF CRIME BRANCH POLICE STATION, THRISSUR DISTRICT DATED 25.02.2022 THE TRUE COPY OF THE COMPLAINT FILED BY THE MEMBERS OF THE FORMER ADMINISTRATIVE COMMITTEE INCLUDING SOME OF THE PETITIONERS BEFORE THE STATION HOUSE OFFICER, IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT DATED 12.07.2021 ANNEXURE A3 THE TRUE COPY OF THE COMMON ORDER IN B.A.NO 464 OF 2025 PASSED BY THIS HON’BLE COURT DATED 28.01.2025 ANNEXURE A4 THE TRUE COPY OF THE ORDER IN B.A.NO 9632 OF 2024 PASSED BY THIS HON’BLE COURT DATED 04.12.2024