Sooraj S. v. State of Kerala; Priya K.S. v. State of Kerala (B.A. Nos. 4312/2022 & 4404/2022)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **THURSDAY, THE 30[TH] DAY OF JUNE 2022 / 9TH ASHADHA, 1944 BAIL APPL. NO. 4312 OF 2022** **Crime No. 730/2022 of Thampanoor Police Station,** **Thiruvananthapuram** **AGAINST THE ORDER IN CRMC 1061/2022 OF ADDITIONAL DISTRICT COURT (ADHOC)-IV, TRIVANDRUM** ## **PETITIONER/ACCUSED:** SOORAJ S. AGED 36 YEARS S/O. SIVANKUTTY, AGED 36 YEARS, SOWPARNIKA, T/C. 24/1775,EANKAIM NAGAR, THYCAUD P.O., THIRUVANANTHAPURAM PIN - 695014 BY ADVS.SABU S.KALLARAMOOLA LEEJOY MATHEW.V. ## **RESPONDENT/STATE:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031 2 ADDL.R2 THE SECRETARY, NAVJEEVAN SOCIAL WELFARE CO-OPERATIVE SOCIETY, THIRUVANANTHPURAM IS SUO MOTU IMPLEADED AS ADDL.R2 AS PER ORDER DATED 10/06/2022 IN B.A.NO.4404/2022 BY ADV PUBLIC PROSECUTOR ## **OTHER PRESENT:** SR.PP - SMT. SEETHA S. **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2022, ALONG WITH Bail Appl.NO.4404/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A. Nos.4312 & 4404 of 2022. : 2 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 30[TH] DAY OF JUNE 2022 / 9TH ASHADHA, 1944** ## **BAIL APPL. NO. 4404 OF 2022** **CRIME NO. 730/2022 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM** ## **PETITIONER:** PRIYA K.S. AGED 38 YEARS NIKUNJAM, VEERANAKAVU, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695572 BY ADV SERGI JOSEPH THOMAS ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER THAMPANOOR POLICE STATION. THIRUVANANTHAPURAM, PIN - 695001 3 ADDL.R3 THE SECRETARY, NAVJEEVAN SOCIAL WELFARE CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM IS SUO MOTU IMPLEADED AS ADDL.R3 AS PER ORDER DATED 10/06/2022 IN B.A.NO.4404/2022. BY PUBLIC PROSECUTOR SMT.SEETHA S. **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2022, ALONG WITH Bail Appl..4312/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A. Nos.4312 & 4404 of 2022. : 3 : ## **VIJU ABRAHAM, J.** - - - - - - - - - - - - - - - - - - - - - - - - - - **B.A. Nos.4312 & 4404 of 2022** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of June, 2022 ## **ORDER** These are applications for anticipatory bail. 2. The petitioner in B.A.No. 4312/2022 is accused No.1 and the petitioner in B.A.No.4404/2022 is accused No.2, in Crime No. 730/2022 of Thampanoor Police Station, Thiruvananthapuram, alleging commission of offence punishable under Section 408, 418 and 34 of Indian Penal Code. 3. The prosecution allegation is that, the defacto complainant is the Secretary of Navajeevan Social Welfare CoOperative Society, Housing Board building and accused Nos.1 and 2 were the Clerks in the Society. The 3[rd] accused was the Pygmy collection agent in the Society. The accused in furtherance of their common intention, misappropriated Rs.7.5 Lakhs from the fixed deposits, savings deposits, pygmy collection and MDS and made unlawful gain and caused loss to the Society and thereby committed criminal breach of trust. 4. The petitioner in B.A.No.4404/2022 has produced B.A. Nos.4312 & 4404 of 2022. : 4 : Annexure A8 to A12 audit report for the period from 2016-17 to 2020-21 and contended that in none of the audit report, there is any allegation of misappropriation of any amounts. It is further contended that they have been falsely implicated in the above said crime only due to the personal enmity towards them for submitting Annexure A3 to A6 complaints. It is their further contention that the alleged misappropriation is for the period from 2017 to 2021. It is also submitted that the petitioners in both the cases have no other criminal antecedents. 5. The learned Public Prosecutor seriously opposed the bail application and submitted that custodial interrogation is necessary to find out the actual illegalities committed by the petitioners. 6. Having regard to the facts and circumstances of the case and considering the fact that these are allegations which has happened almost 5 years back and that they have no other criminal antecedents, I am inclined to grant bail to the petitioner in both the cases, subject to stringent conditions. In the result, these applications are allowed. Petitioners shall surrender before the investigating officer on 11.07.2022 at 11 a.m., and B.A. Nos.4312 & 4404 of 2022. : 5 : subject themselves for interrogation on 12[th] , 13[th] and 14[th] July, 2022. In the event of arrest in Crime No. 730/2022 of Thampanoor Police Station, Thiruvananthapuram, the petitioners shall be released on bail subject to the following conditions:- (i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each, for the like-sum to the satisfaction of the Arresting officer ; (ii) Petitioners shall also appear before the investigating officer and co-operate with the investigation in Crime No. 730/2022 of Thampanoor Police Station, Thiruvananthapuram as and when summoned to do so; (iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 730/2022 of Thampanoor Police Station, Thiruvananthapuram; (iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the B.A. Nos.4312 & 4404 of 2022. : 6 : investigating officer in Crime No. 730/2022 of Thampanoor Police Station, Thiruvananthapuram may file an application before the jurisdictional Court, for 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 any of 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(2020(1)KHC 663)** Sd/- **VIJU ABRAHAM JUDGE** sm/ B.A. Nos.4312 & 4404 of 2022. : 7 : ## **APPENDIX OF BAIL APPL. 4312/2022** |PETITIONER'S|ANNEXURES| |---|---| |Annexure1|TRUE COPY OF FIR IN CRIME NO. 730/2022 OF| ||THAMPANOOR POLICE STATION| |Annexure2|TRUE COPY OF THE NOTICE DATED 06.10.2021| ||ISSUED BY DEFACTO COMPLAINANT TO THE| ||PETITIONER| |Annexure3|TRUE COPY OF REPLY DATED 8-10-2022 ISSUED| ||BY THE PETITIONER TO THE DEFACTO| ||COMPLAINANT| |Annexure4|TRUE COPY OF RESIGNATION LETTER DATED| ||08.10.2021 OF PETITIONER SUBMITTED BEFORE| ||THE DEFACTO COMPLAINANT| |Annexure5|TRUE COPY OF NOTICE DATED 15-01-2022| ||ISSUED BY THE DEFACTO COMPLAINANT TO THE| ||PETITIONER| |Annexure6|TRUE COPY OF REPLY OF PETITIONER TO THE| ||DEFACTO COMPLAINANT ALONGWITH POSTAL| ||ACKNOWLEDGEMENT| |Annexure7|TRUE COPY OF COMPLAINT FILED BEFORE THE| ||THAMPANOOR POLICE STATION BY THE| ||PETITIONER| |Annexure8|TRUE COPY OF COMPLAINT FILED BEFORE THE| ||COMMISSIONER OF POLICE, TRIVANDRUM CITY| ||BY THE PETITIONER| |Annexure9|TRUE COPY OF COMPLAINT DATED 02-03-2022| ||FILED BY DEFACTO COMPLAINANT BEFORE THE| ||THAMPANOOR POLICE STATION| |Annexure10|TRUE COPY OF THE COMPLAINT FILED BEFORE| ||THE ASST. REGISTRAR OF CO-OPERATIVE| ||SOCITIES, TRIVANDRUM, BY THE DEFACTO| ||COMPLAINANT| |Annexure11|TRUE COPY OF AUDIT REPORT OF THE YEAR| ||2019-2020 OF NAVJEEVAN SOCIAL WELFARE CO-| ||OPERATIVE SOCIETY, TRIVANDRUM| |Annexure12|TRUE COPY OF AUDIT REPORT OF THE YEAR| ||2020-2021 OF NAVJEEVAN SOCIAL WELFARE CO-| ||OPERATIVE SOCIETY, TRIVANDRUM| |Annexure13|CERTIFIED COPY OF ORDER DATED 28-05-2022| ||IN CRL.M.C. NO.1061/2022 OF ADDITIONAL| ||SESSIONS JUDGE-IV, THIRUVANANTHAPURAM| B.A. Nos.4312 & 4404 of 2022. : 8 : ## **APPENDIX OF BAIL APPL. 4404/2022** |PETITIONER'S|ANNEXURES| |---|---| |Annexure A1|TRUE COPY OF THE LETTER DATED 30/01/2021| ||ISSUED BY THE HONORARY SECRETARY OF THE| ||NAVAJEEVAN SOCIAL WELFARE CO-OPERATIVE| ||SOCIETY LTD NO.T.2028 THIRUVANANTHAPURAM| |Annexure A2|TRUE COPY OF THE CERTIFICATE DATED| ||30/01/2021 ISSUED BY THE HONOURARY| ||SECRETARY OF THE NAVAJEEVAN SOCIAL| ||WELFARE CO-OPERATIVE SOCIETY LTD| ||NO.T.2028 THIRUVANANTHAPURAM| |Annexure A3|TRUE COPY OF THE COMPLAINT DATED| ||10/03/2022 SUBMITTED BY THE PETITIONER| ||BEFORE THE ASSISTANT REGISTRAR (GENERAL)| ||THIRUVANANTHAPURAM| |Annexure A4|TRUE COPY OF THE COMPLAINT DATED| ||23/03/2022 SUBMITTED BY THE PETITIONER| ||BEFORE THE KERALA WOMEN'S COMMISSION| |Annexure A5|TRUE COPY OF THE RECEIPT DATED 23/03/2022| ||ISSUED BY THE KERALA WOMEN'S COMMISSION| |Annexure A6|TRUE COPY OF THE COMPLAINT SUBMITTED BY| ||THE PETITIONER BEFORE THE COMMISSIONER OF| ||POLICE, THIRUVANANTHAPURAM CITY| |Annexure A7|TRUE COPY OF THE COMPLAINT SUBMITTED BY| ||THE PETITIONER BEFORE THE SHO, THAMPANOOR| ||POLICE STATION| |Annexure A8|TRUE COPY OF THE AUDIT CERTIFICATE AND| ||AUDIT MEMORANDUM OF THE CO-OPERATIVE| ||DEPARTMENT IN RESPECT OF THE NAVAJEEVAN| ||SOCIAL WELFARE CO-OPERATIVE SOCIETY LTD| ||NO.T.2028 THIRUVANANTHAPURAM FOR THE| ||FINANCIAL YEAR 2016-2017| |Annexure A9|TRUE COPY OF THE AUDIT CERTIFICATE AND| ||AUDIT MEMORANDUM OF THE CO-OPERATIVE| ||DEPARTMENT IN RESPECT OF THE NAVAJEEVAN| ||SOCIAL WELFARE CO-OPERATIVE SOCIETY LTD| ||NO.T.2028 THIRUVANANTHAPURAM FOR THE| ||FINANCIAL YEAR 2017-2018| B.A. Nos.4312 & 4404 of 2022. : 9 : |Annexure10|TRUE COPY OF THE AUDIT CERTIFICATE AND| |---|---| ||AUDIT MEMORANDUM OF THE CO-OPERATIVE| ||DEPARTMENT IN RESPECT OF THE NAVAJEEVAN| ||SOCIAL WELFARE CO-OPERATIVE SOCIETY LTD| ||NO.T.2028 THIRUVANANTHAPURAM FOR THE| ||FINANCIAL YEAR 2018-2019| |Annexure11|TRUE COPY OF THE AUDIT CERTIFICATE AND| ||AUDIT MEMORANDUM OF THE CO-OPERATIVE| ||DEPARTMENT IN RESPECT OF THE NAVAJEEVAN| ||SOCIAL WELFARE CO-OPERATIVE SOCIETY LTD| ||NO.T.2028 THIRUVANANTHAPURAM FOR THE| ||FINANCIAL YEAR 2019-2020| |Annexure12|TRUE COPY OF THE AUDIT CERTIFICATE AND| ||AUDIT MEMORANDUM OF THE CO-OPERATIVE| ||DEPARTMENT IN RESPECT OF THE NAVAJEEVAN| ||SOCIAL WELFARE CO-OPERATIVE SOCIETY LTD| ||NO.T.2028 THIRUVANANTHAPURAM FOR THE| ||FINANCIAL YEAR 2020-2021| |Annexure A13|CERTIFIED COPY OF THE ORDER DATED| ||28/05/2022 IN CRIMINAL M.C. NO. 1061/2022| ||OF THE COURT OF THE ADDITIONAL DISTRICT| ||AND SESSIONS JUDGE IV, THIRUVANANTHAPURAM|