High Court of KeralaSingle Judge2023-10-27BA 6343/2023 allowed; BA Nos. 6262/2023, 6350/2...

B.A. Nos. 6262/2023, 6343/2023, 6350/2023 & 6356/2023

Case / Petition Number:B.A. Nos. 6262/2023, 6343/2023, 6350/2023 & 6356/2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: MOHAMMED NIAS C.P.
Judgment Date: 2023-10-27
Court Decision / Holding: BA 6343/2023 is allowed with conditions: surrender before the I.O. within one week, interrogation on surrender, production before the jurisdictional court on the date of surrender with bond of Rs. 25,000 and two solvent sureties for similar amount, cooperation with investigation, no witness intimidation, and no commission of offences while on bail; BA Nos. 6262/2023, 6350/2023 & 6356/2023 are dismissed. The order directs that if surrendered, petitioners be interrogated and then produced before the Magistrate; if bail applications are moved, they be considered on merit as expeditiously as possible; if not surrendered, police may arrest them as if no order had been passed. The judgment clarifies the police’s power to investigate during bail as per Sushila Aggarwal, and directs expeditious consideration of bail on surrender.
Final Disposition: BA 6343/2023 allowed; BA Nos. 6262/2023, 6350/2023 & 6356/2023 dismissed.

Parties to the Case

Appellants / Petitioners

Mohammed Ashraf
KRISHNANUNNI S
GOPAKUMAR N
ANANDA PRASAD C

Respondents

State of Kerala
The Station House Officer, Cherpulassery Police Station, Palakkad District

Legal Representation & Advocates

Counsels for Petitioners

• P. N. Mohanan
• C. P. Sabari
• Amrutha Suresh
• Gilroy Rozario
• Sunitha G.

Counsels for Respondents

• Public Prosecutor, High Court of Kerala
• P.G. Manu (Mammalassery) Sr. PP

Case Synopsis & Summary

These bail applications arise in Crime No. 452/2023 of the Cherpulassery Police Station, Palakkad, under sections 420 read with 34 IPC. The petitioners seek pre-arrest/anticipatory bail in a case alleging irregular appointments and alleged monetary payments to secure posts in the Vallapuzha Service Co-Operative Bank. The Joint Registrar of Co-operative Societies and the vigilance authorities are noted to have found aspects of the recruitment process problematic, with the defacto complainant alleging substantial money was collected for appointments. The accused include the President of the Committee (BA 6262/2023), a Peon (BA 6343/2023), an Accountant (BA 6350/2023) and another staff member (BA 6356/2023). The Public Prosecutor contends that approximately Rs. 25,00,000 was paid by each to obtain appointments and custodial interrogation is necessary for a fair investigation. Counsel for the petitioners argues that the Peon (6343) could not have offered or accepted an appointment bribe, and that the others face challenged, preliminary accusations rather than proven involvement. The court accepts that the 6343 petitioner is not shown to have played a role in offering posts, and, while noting serious allegations against the others, denies anticipatory bail for them. It grants anticipatory bail to BA 6343/2023 on conditions and dismisses the other three applications, with directions for surrender and expeditious meritorious consideration of bail if surrendered.

Provisions of Law Cited

Section 420 read with Section 34 IPC

Legal Doctrines & Maxims

Anticipatory bail doctrine
Police power to investigate during bail (as per Sushila Aggarwal v. State (NCT of Delhi) and another)

Submissions & Arguments

Contentions of Appellants / Petitioners

Counsel for the petitioners contends that BA 6343 (the Peon) had no opportunity to offer or accept an appointment bribe, and that the other petitioners are accused in a preliminary investigation with no proof of direct involvement. The Joint Registrar’s enquiries are cited as not finally establishing guilt, and the matter warrants consideration of bail on merits with appropriate conditions. The Peon’s plea for anticipatory bail is supported by the lack of direct incriminating conduct attributed to him. The defense relies on the principle of anticipatory bail and the Supreme Court’s stance on police investigation during bail, as articulated in Sushila Aggarwal. The prayer is for bail upon reasonable conditions and ongoing cooperation with the investigation.

Contentions of Respondents

The State argues that substantial money (about Rs. 25 lakhs per accused) was paid to secure appointments and that custodial interrogation is essential for a thorough investigation. Given the serious nature of the allegations and the alleged systemic irregularities in the cooperative society’s appointment process, the prosecution contends that bail should be denied to the other petitioners to prevent tampering with witnesses and to preserve the integrity of the ongoing investigation. It relies on the Joint Registrar/vigilance findings and seeks custodial interrogation where indicated, with the court exercising its discretion on merit.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another	2021 (1) KHC 663	Positive	Cited to justify the police’s power to investigate even when a bail order is in place, aligning with the court’s reasoning on ongoing investigation during bail.

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Extracted Judgment Text

Exact text extracted from official judgment records.

B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 27[TH] DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 BAIL APPL. NO. 6343 OF 2023** **CRIME NO.0452/2023 OF Cherpulassery Police Station, Palakkad** ## **PETITIONER/ACCUSED NO.3:** KRISHNANUNNI S,AGED 36 YEARS SON OF SREEDHARA VARRIER, STAFF, VALLAPUZHA SERVICE CO-OPERATIVE BANK, VALLAPUZHA, PALAKKAD DISTRICT, NOW RESIDING AT THARAKKAL WARRIYAM, MULAYANKAVU P.O., KULAKKALLUR , PALAKKAD DISTRICT, PIN - 679337 BY ADVS. ASWINI SANKAR R.S. K.RAMAKUMAR (SR.) T.RAMPRASAD UNNI S.M.PRASANTH T.H.ARAVIND ## **RESPONDENT/COMPLAINANT & STATE:** 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER, CHERPULASSERY, PALAKKAD DISTRICT, PIN – 679503 BY SRI.P.G.MANU(MAMMALASSERy0 SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Bail Appl..6262/2023, 6350/2023 AND CONNECTED CASES, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING: B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 27[TH] DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 BAIL APPL. NO. 6262 OF 2023** **CRIME NO.0452/2023 OF Cherpulassery Police Station, Palakkad** ## **PETITIONER/ACCUSED:** MOHAMMED ASHRAF,AGED 45 YEARS S/O MOHAMMEDKUTTY HAJI, RESIDING AT KALATHIL HOUSE, VALLAPPUZHA, PALAKKAD, PRESIDENT, VALLAPPUZHA SERVICE , CO-OPERATIVE BANK LTD., F 1207, NELLAYA P.O, PALAKKAD DISTRICT, PIN - 679336 BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO SUNITHA G. ## **RESPONDENT/COMPLAINANT & STATE:** 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 *2 MANSOOR ALI P,AGED 42 YEARS, S/O. MUHAMMEDKUTTY, PALLIYALIL HOUSE, CHOORAKODE P.O, VALLAPUZHA, PALAKKAD DISTRICT (IS IMPLEADED AS ADDL R2 AS PER ORDER DT 19/09/23 IN CRL MA 1/23 . BY ADV A.HAROON RASHEED SRI.P.G.MANU(MAMMALASSERY) SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Bail Appl..6343/2023 AND CONNECTED CASES, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING: B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 27[TH] DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 BAIL APPL. NO. 6350 OF 2023** **CRIME NO.0452/2023 OF CHERPULASSERY POLICE STATION, PALAKKAD** ## **PETITIONER/ACCUSED :** GOPAKUMAR N, AGED 49 YEARS SON OF RAMAN NAIR, STAFF (ACCOUNTANT), VALLAPUZHA SERVICE CO-OPERATIVE BANK, VALLAPUZHA, PALAKKAD DISTRICT, NOW RESING AT PADMALAYAM HOUSE, MANNENGODE P.O., PALAKKAD DISTRICT, PIN - 679301 BY ADVS. ASWINI SANKAR R.S. K.RAMAKUMAR (SR.) T.RAMPRASAD UNNI S.M.PRASANTH T.H.ARAVIND ## **RESPONDENT/COMPLAINANT & STATE:** 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, CHERUPULASSERY POLICE STATION, PALAKKAD DISTRICT, PIN – 679503 SRI.P.G.MANU(MAMMALASSERY) SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Bail Appl..6343/2023 AND CONNECTED CASES, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING: B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 27[TH] DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 BAIL APPL. NO. 6356 OF 2023** **CRIME NO.0452/2023 OF CHERPULASSERY POLICE STATION, PALAKKAD** ## **PETITIONER/ACCUSED :** ANANDA PRASAD C,AGED 67 YEARS SON OF NARAYANAN NAIR, RESIDING AT ABHIRAMAM, VANDANTHARA, MANNENGODE P.O., PALAKKAD DISTRICT, PIN - 679307 BY ADVS. ASWINI SANKAR R.S. K.RAMAKUMAR (SR.) T.RAMPRASAD UNNI S.M.PRASANTH T.H.ARAVIND ## **RESPONDENT/COMPLAINANT & STATE:** 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, CHERUPULASSERY POLICE STATION, PALAKKAD DISTRICT, PIN – 679503 BY SRI.P.G.MANU(MAMMALASSERY) SR.PP **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Bail Appl..6343/2023 AND CONNECTED CASES, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING:** B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 5 ## **MOHAMMED NIAS C.P., J.** **- - - - - - - - - - - - - - - - - - - - -** B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 **- - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 27[th] day of October, 2023 ## **O R D E R** The accused in Crime No.452/2023 of Cherpulassery Police Station, alleging offences punishable under Section 420 r/w Section 34 of the IPC, have filed this application seeking pre-arrest bail. 2. The second respondent - defacto complainant herein had complained to the Joint Registrar of Co-operative Societies alleging that the appointment of three persons mentioned therein has been made after collecting huge amounts of money from them by the Committee in office administering the Society. It is also pointed out that the entire selection is vitiated. 3. Learned senior counsel Sri. K. Ramakumar argues that the petitioner in BA No.6343/2023 is only a Peon, while the petitioner in BA No.6350/2023 is the Accountant in the Society. He argues that the petitioner in BA No.6343/2023, being a Peon himself, could not have made any offer for an appointment. The allegation that he has taken B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 6 money is obviously wrong. As regards the petitioner in BA No.6356/2023, he argues that he is not even a staff in the society to be implicated in the crime. The petitioner in BA No.6262/2023 was the President of the Committee at the relevant time. Learned counsel who appeared for the said petitioner argues that the Joint Registrar has found that the selection made is in order, and therefore, the allegation that money was taken is obviously wrong. 4. The Learned Public Prosecutor who filed a report opposing the bail application submits that the three persons had taken Rs.25,00,000/each so as to give the appointment, and it is a matter to be investigated, including through a custodial interrogation. 5. Learned counsel who appeared for the defacto complainant submitted that the selection process itself was challenged, and in the earlier writ petition, there was a direction to conduct an enquiry into the complaints. After that, the vigilance of the co-operative department clearly found substance in the allegations of corruption, and therefore, a proper investigation should be conducted, including a custodial interrogation. 6. Having considered the rival submissions, I am of the view that the petitioner in BA No.6343/2023 is only a Peon and prima facie, he could not have either offered an appointment or taken money for that. I B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 7 find force in the contention of the senior learned Senior counsel as far as the petitioner in BA No.6343/2023 is concerned. As regards the other petitioners, it is to be noted that there are specific allegations made against them in the enquiry, at least in the preliminary stage. I do not think that the applicants, except the petitioner in BA No.6343/2023, are entitled to anticipatory bail. Under such circumstances, I dismiss the request for anticipatory bail submitted by the accused in BA Nos. 6262/2023, 6350/2023 & 6356/2023. Therefore, the following directions are issued:- In the event the petitioners surrender before the Investigating Officer in two weeks, they shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioners move for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail applications on merit as expeditiously as possible. If the petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners as if no order has been passed in this case. B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 8 7. As far as the applicant in BA No.6343/2023, he will be entitled to anticipatory bail. Under such circumstances, I am inclined to allow the application on the following conditions:- i. The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself. ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing a separate bond for Rs.25,000/(Rupees twenty-five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. (iii) The petitioner shall co-operate with the investigation and make himself available for interrogation and investigation as and when the Investigating Officer directs them to do so. (iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner. v. The petitioner shall not be involved in any offence while on bail. B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 **==> picture [6 x 9] intentionally omitted <==** vi. If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law. It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in **Sushila Aggarwal and others v. State ( NCT of Delhi) and another [2021 (1) KHC 663]** . Accordingly, BA No.6343/2023 is allowed, and BA Nos.6262/2023, 6350/2023 & 6356/2023 are dismissed. Sd/- **MOHAMMED NIAS C.P. JUDGE** dlk/26.10.23 B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 10 ## **APPENDIX OF BAIL APPL. 6262/2023** PETITIONER'S ANNEXURES |Annexure A1|TRUE COPY OF THE ORDER DATED 10.02.2023 OF| |---|---| ||THE JOINT REGISTRAR| |Annexure A2|TRUE COPY OF THE ORDER DATED 05.06.2023 OF| ||THE REGISTRAR OF CO-OPERATIVE SOCIETIES| |Annexure A3|TRUE COPY OF THE INTERIM ORDER DATED| ||04.07.2023 IN W.P.(C).NO.20934/2023| |Annexure A4|TRUE COPY OF THE ORDER DATED 06.07.2023 OF| ||THE REGISTRAR ADDRESSING THE JOINT| ||REGISTRAR| |Annexure A5|TRUE COPY OF THE COMPLAINT DATED| ||21.07.2023 OF THE ASSISTANT REGISTRAR| ||BEFORE THE STATION HOUSE OFFICER,| ||CHERPULASSERY POLICE STATION| |Annexure A6|TRUE COPY OF THE CIRCULAR NO.50/2021 DATED| ||04.12.2021 ISSUED BY THE REGISTRAR OF CO-| ||OPERATIVE SOCIETIES| |Annexure A7|TRUE COPY OF THE FIR DATED 22.07.2023 OF| ||THE STATION HOUSE OFFICER, UNDER SECTION| ||420 & 34 BEFORE THE JUDICIAL FIRST CLASS| ||MAGISTRATE COURT I, OTTAPPALAM| B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 11 ## **APPENDIX OF BAIL APPL. 6350/2023** PETITIONER'S ANNEXURES |Annexure A|TRUE COPY OF COMPLAINT DATED 07..11..2022| |---|---| ||SUBMITTED BY ONE MANSOOR ALI BEFORE THE| ||JOINT REGISTRAR OF CO-OP. SOCIETI8ES,| ||PALAKKAD| |Annexure B|TRUE COPY OF COMPLAINT DATED 18..11..2022| ||SUBMITTED BY MANSOOR ALI TO THE JOINT| ||REGISTRAR OF CO-OP. SOCIETIES, PALAKKAD| |Annexure C|TRUE COPY OF FIR NO. 0452 OF 2023 DATED| ||22..07..2023 REGISTERED BY THE| ||CHERUPULASSERY POLICE| B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 ## 12 ## **APPENDIX OF BAIL APPL. 6356/2023** PETITIONER'S ANNEXURES Annexure A TRUE COPY OF COMPLAINT DATED 07..11..2022 SUBMITTED BY MANSOOR ALI BEFORE THE JOINT REGISTRAR OF CO-OP. SOCIETIES, PALAKKAD Annexure B TRUE COPY OF COMPLAINT DATED 18..11..2022 SUBMITTED BY MANSOOR ALI BEFORE THE JOINT REGISTRAR OF CO-OP. SOCIETIES, PALAKKAD Annexure C TRUE COPY OF FIR NO. 0452 OF 2023 DATED 22..07...2023 REGISTERED BY THE CHERUPULASSERY POLICE STATION B.A.Nos. 6262, 6343, 6350 & 6356 of 2023 ## 13 ## **APPENDIX OF BAIL APPL. 6343/2023** |PETITIONER ANNEXURES|| |---|---| |Annexure A|TRUE COPY OF COMPLAINT DATED DATED| ||07..11..2022 SUBMITTED BY ONE MANSOOR ALI| ||BEFORE THE JOINT REGISTRAR OF CO-OP.| ||SOCIETIES, PALAKKAD| |Annexure 2|TRUE COPY OF COMPLAINT SUBMITTED BY| ||MANSOOR ALI ON 18..11..2022 BEFORE THE| ||JOINT REGISTRAR OF CO-OP. SOCIETIES,| ||PALAKKAD| |Annexure C|TRUE COPY OF FIR NO. 0452 OF 2023| ||REGISTERED BY THE CHERUPULASSERY POLICE| ||STATION|