High Court of KeralaSingle Judge2023-01-05Bail granted (pre-arrest bail) to the 2nd accus...

BA Nos. 2055, 7417 & 7432 of 2022 v. State of Kerala

Case / Petition Number:BA Nos.2055, 7417 & 7432 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Viju Abraham
Judgment Date: 2023-01-05
Court Decision / Holding: The court allowed the bail applications, granting pre-arrest bail to the 2nd accused in all three connected cases, with conditions: (i) a bond of Rs.50,000 with two solvent sureties; (ii) the accused must appear before the investigating officer on every Saturday at 11 a.m. and as summoned; (iii) shall not contact victims or defacto complainants or interfere with investigation or witness testimony; (iv) shall not involve in any other crime while on bail. If violated, bail can be cancelled. The order clarifies that police may investigate and effect recoveries even when the accused is on bail, citing Sushila Aggarwal and others v. State (NCT of Delhi) and another. The jurist also directs surrender on 11.01.2023 and production before the jurisdictional court upon arrest for bail execution.
Final Disposition: Bail granted (pre-arrest bail) to the 2nd accused in all connected cases with specified conditions; surrender and processing to occur on 11.01.2023; continued investigation permitted under stated safeguards.

Parties to the Case

Appellants / Petitioners

Mettil Lopuz
RR Rajesh

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam, Kerala

Legal Representation & Advocates

Counsels for Petitioners

• S. Sachithananda Pai

Counsels for Respondents

• Smt. Seetha S. – Sr. P.P.

Case Synopsis & Summary

Three connected bail petitions before the Kerala High Court (Single Judge, Justice Viju Abraham) arise from Nedumangad Police Station cases in Thiruvananthapuram. The petitions seek anticipatory/pre-arrest bail for the 2nd accused (Mettil Lopuz) in Crime Nos. 393/2019, 204/2021 and 1466/2022, with a co-accused RR Rajesh in one petition. The offences alleged include cheating, breach of trust, criminal breach of trust, and forgery/robbery elements under IPC (sections 378, 405, 408, 409, 420 read with 34) and criminal offences under the Kerala Co-operative Societies Act, 1969 (section 80/94 reference). The prosecution asserts serious allegations; the 1st accused in BA 2055/2022 has already been arrested and released on bail. The petitioner contends falsity of involvement and readiness to cooperate; the court had earlier issued an interim order on 27.10.2022 directing appearance and cooperation. Having regard to the facts and the nature of the allegations, and the petitioner’s cooperation, the court grants pre-arrest bail to the 2nd accused with conditions: bond Rs.50,000 with two sureties; appearance before the IO every Saturday; no contact with victims or witnesses; no other crimes; surrender on 11.01.2023. The court notes that police may investigate and recover, even when on bail, citing Sushila Aggarwal. The bail orders are issued for all connected cases on the same date.

Provisions of Law Cited

Kerala Co-operative Societies Act, 1969 - Section 80 (with reference to Section 94)IPC - Sections 378, 405, 408, 409, 420 read with Section 34IPC - Sections 406, 420 read with Section 34IPC - Sections 468, 471 read with Section 34

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the 2nd accused has been falsely implicated in the offences and is willing to cooperate fully with the investigation. They point to prior interim orders and the fact that one co-accused was already granted bail, arguing that pre-arrest bail is warranted given the stage of investigation, the nature of the allegations, and the petitioner’s cooperation. They seek to avoid unnecessary detention and emphasize compliance with bond and appearance obligations.

Contentions of Respondents

The State submits that the offences are serious and involve misappropriation/cheating and related criminal conduct. They argue that ongoing investigations must be protected and that bail should not hinder proceedings; the prosecution notes cooperation by the petitioner but emphasizes the need for appropriate conditions to safeguard the investigation and witnesses.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State(NCT of Delhi) and another	2020(1)KHC 663	Positive	Cited to support the proposition that police may investigate and take actions even when the accused is on bail; the court may impose conditions to safeguard the investigation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 5[TH] DAY OF JANUARY 2023 / 15TH POUSHA, 1944 BAIL APPL. NO. 7417 OF 2022 CRIME NO.204/2021 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM ## PETITIONER/2nd ACCUSED: METTIL LOPUZ AGED 53 YEARS, MANU VEEDU, THATTHAMCODE, PAZHAKUTTY P O, NEDUMANGAD., PIN – 695561 BY ADV S.SACHITHANANDA PAI ## RESPONDENT: STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI.31, PIN – 682031 BY ADV SMT.SEETHA.S – SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.01.2023, ALONG WITH Bail Appl..2055/2022, 7432/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.2055, 7417 & 7432 of 2022 .. 2 .. ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 5[TH] DAY OF JANUARY 2023 / 15TH POUSHA, 1944 ## BAIL APPL. NO. 2055 OF 2022 ## CRIME NO.393/2019 OF NEDUMANGAD POLICE STATION, ## THIRUVANANTHAPURAM ## PETITIONER/ACCUSED NOS.1 & 2: - 1 R R RAJESH, AGED 49 YEARS, RAJ NIVAS, PAZHAKUTTY, KOLLAMKAVU, NEDUMAGAD, THIRUVANANTHAPURAM, PIN - 695561 - 2 METTIL LOPPUSE, AGED 47 YEARS, MANU VEEDU, KOLLAMKAVU, PAZHAKUTTY, NEDUMANGAD, THIRUVANANTHAPURAM, PIN – 695561 BY ADV S.SACHITHANANDA PAI ## RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV SMT.SEETHA.S – SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.01.2023, ALONG WITH Bail Appl..7417/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.2055, 7417 & 7432 of 2022 .. 3 .. ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 5[TH] DAY OF JANUARY 2023 / 15TH POUSHA, 1944 BAIL APPL. NO. 7432 OF 2022 CRIME NO.1466/2022 OF NEDUMANGAD POLICE STATION, ## THIRUVANANTHAPURAM ## PETITIONER/2ND ACCUSED: METTIL LOPUZ, AGED 53 YEARS, MANU VEEDU, THATTHAMCODE, PAZHAKUTTY P O, NEDUMANGAD., PIN - 695561 ## BY ADV S.SACHITHANANDA PAI ## RESPONDENT: STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 BY ADV SMT.SEETHA.S – SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.01.2023, ALONG WITH Bail Appl..7417/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.2055, 7417 & 7432 of 2022 .. 4 .. ## **VIJU ABRAHAM, J.** = = = = = = = = = = = = = = = = = = = = **B.A. Nos.2055, 7417 & 7432 of 2022** = = = = = = = = = = = = = = = = = = = = Dated this the 05[th] day of January, 2023 ## **O R D E R** These are applications for anticipatory bail. 2. When the matter was taken up for consideration, the learned Public Prosecutor upon instructions submitted that the 1[st] petitioner in BA No.2055/2022 is already arrested and was released on bail. Therefore, I am considering the bail application in respect of the 2[nd] accused (2[nd] petitioner in BA No.2055/202) in Crime No.393/2019 of Nedumangad Police Station, Thiruvananthapuram is registered alleging commission of offences punishable under Sections 378, 405, 408, 409, 420 r/w Sections 34 and 94 (80 of the Kerala Co-operative Societies Act, 1969, whereas BA No.7417/2022 is filed by the 2[nd] accused in Crime No.204/2021 of Nedumangad Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 406, 420 r/w Section 34 of the IPC and BA No.7432/2022 is filed by the 2[nd] accused in Crime No.1466/2022 Nedumangad Police Station, BA Nos.2055, 7417 & 7432 of 2022 .. 5 .. Thiruvananthapuram alleging commission of offences punishable under Section 406, 420, 468, 471 r/w Section 34 of the IPC. 3. The prosecution allegation is that, the 1[st] accused was the President and the 2[nd] accused was the Secretary of the Thiruvananthapuram Merchant Labours Co-operative Society. The accused persons instigated the defacto complainant to deposit an amount in the society as fixed deposit. On the instigation of the accused persons, the defacto complainant and some other persons deposited amounts in the society as fixed deposit. The deposit amount or interest is not returned on request, hence cheated the defacto complainant. 4. The learned counsel for the petitioner submitted that she has been falsely implicated in the above said crime and further that she is ready and willing to co-operate with the investigation. 5. When the matter was came up for consideration on an earlier occasion, this Court has passed an interim order on 27.10.2022 directing the petitioner to appear before the investigating officer and co-operate with the investigation and also make herself available for interrogation. The learned BA Nos.2055, 7417 & 7432 of 2022 .. 6 .. counsel for the petitioner submitted that she has appeared before the investigating officer and fully co-operated with the same. 6. The learned Public Prosecutor upon instructions submitted that it is true that the petitioner has appeared pursuant to the order passed by this Court and fully cooperated with the investigation. 7. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the opinion that the petitioner could be granted pre-arrest bail. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 11.01.2023, at 11 a.m, and subject herself for interrogation. In the event of arrest of the petitioner in Crime Nos.393/2019, 204/2021 and 1466/2022 of Nedumangad Police Station, Thiruvananthapuram, she 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 BA Nos.2055, 7417 & 7432 of 2022 .. 7 .. 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 Nos.393/2019, 204/2021 and 1466/2022 of Nedumangad Police Station, Thiruvananthapuram, on every Saturday, at 11 am and as and when summoned to do so; (iii) 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 Nos.393/2019, 204/2021 and 1466/2022 of Nedumangad Police Station, Thiruvananthapuram; (iv) 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 Nos.393/2019, 204/2021 and 1466/2022 of Nedumangad Police Station, Thiruvananthapuram may file an application before the jurisdictional Court, for BA Nos.2055, 7417 & 7432 of 2022 .. 8 .. 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/05.01.2023