K CHANDRASEKARAN v. STATE OF KERALA

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SUKUMARAN NAIR, ANUGRAHA, 7TH CROSS ROAD, CHENGAMPUZHANAGAR KALAMASSERY, ERNAKULAM, PIN - 682033 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ SRI.C.S HRITHWIK, SENIOR PUBLIC PROSECUTOR-R1 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Application No. 9919 of 2023 2 C.S.DIAS,J ====================== Bail Application No. 9919 of 2023 ----------------------------------- Dated this the 8th   day of January, 2024 O R D E R The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre- arrest bail.

2. The petitioner is the sole accused in crime No.1423/2023 of the Thrikkakara Police station, registered against him for the offences punishable under Secs.406, 420, 468, 471 and 473 of the Indian Penal Code. Bail Application No. 9919 of 2023 3

3. The prosecution allegation is that, during the year 2016, while the petitioner was working as the Secretary of the Thrikkakara North NSS Karayogam, he had collected substantial amounts from the defacto complainant and his wife, who were the members of the Karayogam, assuring to pay interest. The interest was paid till 9.3.2019 and, thereafter, the accused has not paid the interest or returned the principal amount. Thus, the petitioner was committed the above offences.

4. Heard; Sri.Leejoy Mathew.V, the learned counsel appearing for the petitioner, Sri.C.S Hrithwik, the learned Public Prosecutor appearing for the first Bail Application No. 9919 of 2023 4 respondent and Sri.P.M Siraj, the intervenor appearing for the second respondent.

5. The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. Even going by Annexure A1 FIR, the transaction is purely civil in nature. The petitioner had collected money from the depositors based on Annexure A2 minutes of the Karayogam, which was principally for the purpose of constructing a building. The Karayogam was paying interest to the depositors. The petitioner is no longer the office bearer of the Karayogam. The second respondent has deliberately filed the complaint against the Bail Application No. 9919 of 2023 5 petitioner as an arm-twisting tactic to realise the money from the Karayogam. The petitioner is willing to co- operate with the investigation. The petitioner is a 72 years old person and is ready to abide by any condition imposed by this Court. Hence, the petitioner may be granted an order of pre-arrest bail.

6. The learned Public prosecutor, on instructions, submitted that, the Investigating Officer would be satisfied if the petitioner co-operates with the investigation. The investigation is still in progress.

7. The learned intervenor vehemently opposed the application. He contended that the entire materials that have been produced are forged and fabricated for the Bail Application No. 9919 of 2023 6 sole purpose of sustaining the bail application. The petitioner had received the amount and deposited in his individual capacity. He had cheated more than sixty persons. If the petitioner is granted an order of pre arrest bail, there is every likelihood of him tampering with the evidence and intimidating the witnesses. Hence, the application may be dismissed.

8. After bestowing my anxious consideration to the materials placed on record, it is evident that the transaction occurred as early as in 2016. It is evident from the materials on record that the Karayogam has received the amounts from the depositors and had issued fixed deposit receipts in the name of Karayaogam . It Bail Application No. 9919 of 2023 7 is also discernible that the Karayogam was paying interest to the depositors. Indisputably, the complaint has been filed by the defacto complainant only on

7.6.2023. Therefore, I am of the definite view that there is no necessity for the custodial interrogation of the petitioner. Nonetheless, the petitioner would have co-operate with the Investigating Officer for the proper investigation of the case. Therefore, I hold that the petitioner is entitled to an order of pre-arrest bail. In the result, the application is allowed subject to the following conditions: i) The petitioner is directed to surrender before the Investigating Officer within ten days from today. Bail Application No. 9919 of 2023 8 ii) In the event of the petitioner's arrest, the Investigating Officer shall produce him before the jurisdictional court on the date of surrender itself. iii). On such production, the jurisdictional court shall release the petitioner on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court; iv). The petitioner shall co-operate with the investigation and make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; Bail Application No. 9919 of 2023 9 v). The petitioner shall not intimidate witnesses or interfere with the investigation in any manner; vi). The petitioner shall not get involved in any other offence while on bail. vi). In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. vii). Applications for deletion/modification of the bail conditions shall also be filed before the court below. sks/8.1.2024 C.S.DIAS, JUDGE sd/- Bail Application No. 9919 of 2023 10 APPENDIX OF BAIL APPL. 9919/2023 PETITIONER ANNEXURES Annexure A 1 Annexure A 2 Annexure A 3 Annexure A 4 Annexure A 5 Annexure A 6 Annexure A 7 A TRUE COPY OF FIR NO.1423/2023 OF THRIKAKARA POLICE STATION A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 16.10.2013 A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 8.3.2014 A TRUE COPY OF THE LEDGER EXTRACT FROM 1.4.2013 - 29.3.2023 SHOWING THE FIXED DEPOSIT ACCOUNT A TRUE COPY OF THE LIST OF THE MEMBERS WITH THE AMOUNT OF INTEREST COLLECTED A TRUE COPY OF THE LEDGER EXTRACT SHOWING THE DEPOSITS OF THE DEFACTO COMPLAINANT A TRUE COPY OF THE AUDITED BALANCE SHEET OF THE BUILDING CONSTRUCTION