High Court of KeralaSingle JudgeBail applications allowed / Granted
David George v. State of Kerala
Case / Petition Number:BA Nos. 3579, 3581, 3582, 3583, 3584, 3586, 3587, 3588 of 2024
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. G. Ajithkumar
- Judgment Date
- 2024-05-03
- Court Decision / Holding
- These applications are allowed, i.e., pre-arrest bail is granted to the petitioner in all eight bail petitions, subject to stringent conditions (i) surrender before the Investigating Officer within one week; (ii) if arrested, release on bail on a bond for Rs. 1,00,000 with two solvent sureties for the like amount in each case; (iii) cooperation with the investigation and availability for interrogation; (iv) no witness intimidation or interference; (vi) no involvement in other offences while on bail; (vii) power to cancel bail on violation; (viii) application for modification/deletion of bail conditions to be filed in the court below; (ix) recoveries may be effected if necessary as per law; (x) observations shall not be construed as merits.”,
- Final Disposition
- Bail applications allowed / Granted
Parties to the Case
Appellants / Petitioners
- David George
Respondents
- State of Kerala represented by Public Prosecutor, High Court of Kerala
- Station House Officer, Koipuram Police Station, Pathanamthitta District
Legal Representation & Advocates
Counsels for Petitioners
- • C. C. Anoop (adv)
Counsels for Respondents
- • Vipin Narayan - Senior Public Prosecutor
- • Sanil P. Raj - Public Prosecutor
- • Sanal P. Raj - Public Prosecutor (as applicable across B.A.)
Case Synopsis & Summary
This is a batch of eight pre-arrest bail applications under Section 438 CrPC filed by the petitioner, who is the 5th accused in Crime Nos. 694, 697, 705, 733, 741, 282, 446 and 651 of 2024 registered at Koipuram Police Station, Pathanamthitta. The offences alleged against the accused and his co-accused include offences punishable under Sections 409 and 420 read with Section 34 IPC, and Sections 5, 23, 3 and 21 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act). The petitioner, David George, is described as the manager or a paid employee of the company PRD Mini Nidhi Ltd., alleged to have collected deposits of Rs. 8,00,000 from the complainant and failed to return the money. The petitioner contends innocence, lack of managerial role, and that custodial interrogation is unnecessary; he has been granted pre-arrest bail in other cases, and he is ready to cooperate with investigation. The Public Prosecutor opposed the applications, noting the petitioner’s role as an employee. The learned judge, after considering rival submissions, concludes that custodial interrogation is not necessary and grants pre-arrest bail on stringent conditions. The order relies on the principle that recoveries and investigations can proceed while a person is on bail, citing Sushila Aggarwal v. State (NCT of Delhi) and another. The bail is granted subject to conditions including surrender within a week, bond of Rs. 1,00,000 with two solvent sureties per case, cooperation with investigators, and prohibitions on witness intimidation and new offences. The observations in the order are expressly not to be treated as merit on the criminal dispute.
Provisions of Law Cited
Section 438 of the Code of Criminal Procedure, 1973 (CrPC)Sections 409, 420 read with 34 IPCSections 5, 23, 3 and 21 of the BUDS Act, 2019
Legal Doctrines & Maxims
- Sushila Aggarwal v. State (NCT of Delhi) and another (2020 (1) KHC 663) – cited as governing the ability to effect recoveries while on bail; custodial interrogation not necessary in appropriate cases
- Observations in bail orders are not to be construed as an expression on merits
Submissions & Arguments
Contentions of Appellants / Petitioners
The learned counsel for the petitioner submitted that the petitioner is innocent and falsely implicated; he was not in charge of administration or management but a paid employee; he has been arrested in several cases and released on bail; custodial interrogation is not necessary; he is willing to cooperate and comply with conditions; the court has granted pre-arrest bail in other cases, and no recovery is to be effected. Therefore, the applications should be allowed.
Contentions of Respondents
The Public Prosecutor opposed the applications, noting the petitioner’s role as a paid employee and urging caution given the offences under IPC and BUDS Act; custodial interrogation may be necessary for investigation in some cases; however, the court ultimately found custodial interrogation unnecessary and granted bail with conditions.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sushila Aggarwal v. State (NCT of Delhi) and another | 2020 (1) KHC 663 | Positive | Cited to justify that recoveries and investigations can proceed while the accused is on bail, and that bail orders may include conditions allowing such action. |
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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 P.G. AJITHKUMAR**
**FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3579 OF 2024**
**CRIME NO.694/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
**PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689548**
**SRI. VIPIN NARAYAN -SR. PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON**
- **03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
2
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946**
**BAIL APPL. NO. 3581 OF 2024**
**CRIME NO.697/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
## **PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689548**
**SRI. VIPIN NARAYAN -SR. PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
3
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3582 OF 2024**
**CRIME NO.705/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
## **PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689548**
## **SRI. SANAL P. RAJ -PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
4
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3583 OF 2024**
**CRIME NO.733/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
## **PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689548**
## **SRI. VIPIN NARAYAN -SR. PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
5
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3584 OF 2024**
**CRIME NO.741/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
## **PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689548**
## **SRI. SANIL P. RAJ -PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
6
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3586 OF 2024**
**CRIME NO.282/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
## **PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689548**
## **SRI. SANIL P. RAJ -PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
7
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3587 OF 2024**
**CRIME NO.446/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
## **PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
**1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT., PIN - 689548**
## **SRI. VIPIN NARAYAN -SR. PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
8
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**FRIDAY, THE 3[RD] DAY OF MAY 2024 / 13TH VAISAKHA, 1946 BAIL APPL. NO. 3588 OF 2024**
**CRIME NO.651/2024 OF KOIPURAM POLICE STATION,**
## **PATHANAMTHITTA**
## **PETITIONER/ACCUSED NO.5:**
**DAVID GEORGE AGED 66 YEARS SON OF K.T DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O, MARAMON THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689549 BY ADV C.C.ANOOP**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689548**
## **SRI. SANIL P. RAJ -PP**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
9
## **P.G. AJITHKUMAR, J.**
## **.................................................................................. B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024 …...................................................... Dated this the 3[rd] day of May, 2024**
## **O R D E R**
These applications are filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
2. The petitioner is the 5[th] accused in Crime Nos.694, 697, 705, 733, 741, 282, 446 and 651 of 2024 of the Koipuram Police Station, Pathanamthitta. Those crimes were registered against the accused and his co-accused alleging commission of offences punishable under Sections 409 and 420 r/w Section 34 of the Indian Penal Code, 1860 (‘IPC’, for short), and Sections 5, 23, 3 and 21 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act, for short).
3. The prosecution case, in brief, is that accused 1 to 4 – the Directors of PRD MINI NIDHI Ltd., had collected deposits to the tune of Rs.8,00,000/- (rupees Eight Lakh only) against the norms of the Reserve Bank of India from the defactocomplainant and failed to return the money to the defacto-
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
10
complainant. The fifth accused was the manager of the company. Thus, the accused have committed the above offences.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crimes. The petitioner was not in charge of the administration or management of the affairs of the company, but was only a paid employee. Nonetheless, the petitioner was arrested in several cases and was released on bail. In addition to the above arrest and release, this Court has granted the petitioner an order of pre-arrest bail in a few other cases. At any rate, the custodial interrogation of the petitioner is not necessary and no recovery is to be effected. The petitioner is willing to cooperate with the Investigating Officer and abide by any condition that may be imposed by this Court. Hence, the application may be allowed.
6. The learned Public Prosecutor strenuously opposed the application. Nonetheless, it is conceded that the petitioner was only a paid employee of the company and this Court has granted the petitioner an order of pre-arrest bail in B.A.No.1403/2024.
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
11
7. On a consideration of the facts, the materials placed on record the rival submissions made across the Bar, and particularly, taking note of the fact that the petitioner was only a paid employee of the company, I am of the view that the petitioner's custodial interrogation is not necessary in these cases. Hence, I allow these applications, but subject to stringent conditions.
In the result, these applications are allowed subject to the following conditions:
i) The petitioner is directed to surrender before the Investigating Officer within one week from today.
ii) In the event of the petitioner's arrest, the Investigating Officer shall after interrogation and necessary processes of investigation shall release him on bail on his executing a bond for Rs.1,00,000/(Rupees One Lakh only) with two solvent sureties for the like amount each, to his satisfaction, in each of the said cases;
iii) The petitioner shall co-operate with the investigation and make himself available for interrogation as and when the Investigating Officer directs;
iv) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner;
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
12
vi) The petitioner shall not get involved in any other offence while on bail.
vii) 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.
viii) Applications for deletion/modification of the bail conditions shall also be filed before the court below.
ix) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].
x) Any observation made in this order is only for the purpose of deciding the application and the same shall not be construed as an expression on the merits of the case to be decided by the Courts.
**==> picture [27 x 12] intentionally omitted <==**
## **P.G. AJITHKUMAR, JUDGE**
Dxy
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
13
## **APPENDIX OF BAIL APPL. 3579/2024**
**PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.694/2024 OF THE KIOPURAM POLICE STATION**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
14
## **APPENDIX OF BAIL APPL. 3581/2024**
**PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.697/2024 OF THE KIOPURAM POLICE STATION**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
15
## **APPENDIX OF BAIL APPL. 3582/2024**
**PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.705/2024 OF THE KIOPURAM POLICE STATION**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
16
## **APPENDIX OF BAIL APPL. 3583/2024**
**PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.733/2024 OF THE KIOPURAM POLICE STATION**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
17
## **APPENDIX OF BAIL APPL. 3584/2024**
**PETITIONER ANNEXURES Annexure A 1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.741/2024 OF THE KIOPURAM POLICE STATION**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
18
## **APPENDIX OF BAIL APPL. 3586/2024**
**PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.282/2024 OF THE KIOPURAM POLICE STATION**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
19
## **APPENDIX OF BAIL APPL. 3587/2024**
**PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.446/2024 OF THE KIOPURAM POLICE STATION**
B.A.Nos.3579, 3581, 3582, 3583, 3584, 3586, 3587 & 3588 of 2024
20
## **APPENDIX OF BAIL APPL. 3588/2024**
**PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.651/2024 OF THE KIOPURAM POLICE STATION**