Subair Thundiyil v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: VIJU ABRAHAM
Judgment Date: 2022-11-30
Court Decision / Holding: These bail applications are allowed. Anticipatory bail granted to the petitioner. He shall surrender before the investigating officer on 07.12.2022 at 11:00 AM and be available for interrogation. Conditions include: bond of Rs.50,000 with two solvent sureties for each case; appearance before the investigating officer every Saturday at 11:00 AM until final report; cooperation with investigation; no influence or intimidation of witnesses; restriction from involvement in any other crime while on bail. If any condition is violated, bail can be cancelled. The police are empowered to investigate and effect recoveries as needed, even while on bail, citing Sushila Aggarwal.
Final Disposition: Anticipatory bail granted to the petitioner with conditions.

Parties to the Case

Appellants / Petitioners

SUBAIR THUNDIYIL, AGED 45 YEARS, S/O MUHAMMAD MUBARAK, IRLVERI, MOUWANCHERI, KANNORE-670613, PIN – 670613.

Respondents

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, PIN – 682031.

Legal Representation & Advocates

Counsels for Petitioners

• Vijayakumari

Counsels for Respondents

• M. C. Ashi

Case Synopsis & Summary

These are three anticipatory bail petitions filed by Subair Thundiyil in relation to three Crime Nos. 650/2019, 649/2019 and 645/2019 registered at Elathoor Police Station, alleging offences under Sections 420, 465, 468, 471 and 472 IPC for forging documents to obtain loans from KDC Bank, Kozhikode, during 2014. The petition contends that the accused was falsely implicated, had no role in the alleged fraud, and first learned of the case via an SHO notice. The prosecution argues that forged documents were used to facilitate substantial loans by accused persons and that the offences date back to 2014–2015, with a bank complaint filed in 2019; the involvement of multiple accused (Nos. 4–6) and the allegedly forged documentation is highlighted. The learned Public Prosecutor relies on the delay in prosecution as a factor and cites the absence of prior criminal antecedents for the petitioner. The court notes the procedural history, the absence of other criminal antecedents, and the bank’s complaint filing timeline, and after considering the materials and a precedent (BA 7780/2022) grants anticipatory bail to the petitioner on certain conditions. The order emphasizes the petitioner’s cooperation, periodic appearances, and restrictions on witness interaction, with the police empowered to proceed with investigation and recoveries, referencing Sushila Aggarwal to justify bail-related police powers.

Provisions of Law Cited

IPC Sections 420, 465, 468, 471, 472

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel argued that Subair Thundiyil was falsely implicated, had no role in the alleged offences, and was unaware of the registration of the crimes. He learned of the case only through Annexure-A2 notice. The applicant contends there are no prior criminal antecedents and requests anticipatory bail to enable him to cooperate with the investigation.

Contentions of Respondents

The State, represented by the Public Prosecutor, contended that substantial loans were obtained by forging documents, with forged documents allegedly used by accused Nos. 1–3 and others; offences date to 2014–2015; the complaint was filed by the Bank in 2019; given the seriousness and the time elapsed since the alleged acts, bail should be scrutinized rigorously.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another	2020 (1) KHC 663	Mentioned Only	Cited to support the proposition that police may investigate and take recoveries even when the accused is on bail; used as a general principle rather than a controlling ruling in this case.

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`** ``` WEDNESDAY, THE 30[TH] DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, 1944 BAIL APPL. NO. 9271 OF 2022 ``` Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station ## **`PETITIONER/ACCUSED:`** ``` SUBAIR THUNDIYIL, AGED 45 YEARS S/O MUHAMMAD MUBARAK HOUSE,IRLVERI, MOUWANCHERI, KANNORE-670613, PIN – 670613. ``` ``` BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, PIN – 682031. ``` ## **`OTHER PRESENT:`** ``` PP - M.C.ASHI ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH Bail Appl..9273/2022, 9314/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 ``` BAIL APPL. NO. 9271 OF 2022 BAIL APPL. NO. 9273 OF 2022 & BAIL APPL. NO. 9314 OF 2022 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 30[TH] DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, ``` ## **`1944`** ## **`BAIL APPL. NO. 9273 OF 2022`** Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station ## **`PETITIONER/ACCUSED:`** ``` SUBAIR THUNDIYIL, AGED 45 YEARS S/O MUHAMMAD MUBARAK HOUSE,IRLVERI, OUWANCHERI, KANNORE-670613, PIN – 670613. ``` ``` BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, PIN – 682031. ``` ``` PP SRI.M.C.ASHI ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH Bail Appl..9271/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 ``` BAIL APPL. NO. 9271 OF 2022 BAIL APPL. NO. 9273 OF 2022 & BAIL APPL. NO. 9314 OF 2022 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 30[TH] DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, ``` ## **`1944`** ## **`BAIL APPL. NO. 9314 OF 2022`** Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station ## **`PETITIONER/ACCUSED:`** ``` SUBAIR THUNDIYIL, AGED 45 YEARS S/O MUHAMMAD, MUBARAK HOUSE IRLVERI, MOUWANCHERI, KANNORE-670613, PIN – 670613. ``` ``` BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, PIN – 682031. ``` ``` PP SHRI.M.C.ASHI ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH Bail Appl..9271/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 ``` BAIL APPL. NO. 9271 OF 2022 BAIL APPL. NO. 9273 OF 2022 & BAIL APPL. NO. 9314 OF 2022 ``` ## VIJU ABRAHAM, J ## BA Nos.9271, 9273 & 9314 of 2022 th Dated this the 30 day of November 2022 O R D E R These are applications for anticipatory bail. 2. In these bail applications, the petitioner is the accused in Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station respectively alleging commission of offences punishable under Sections 420, 465, 468, 471 and 472 of the Indian Penal Code. 3. In (Crime No.650 of 2019) the prosecution allegation is that in the year 2014, one Sacariya availed Rs.25 lakhs from K D C Bank, Kallai, Kozhikode by submitting forged property documents and showed another property instead of the original property and thereby cheated the bank. 4. In (Crime No.649 of 2019) the prosecution allegation is that in the year 2014, one Muhammed Basheer availed Rs.25 lakhs from K D C Bank, Kallai, Kozhikode by submitting forged property documents and showed another property instead of ``` BAIL APPL. NO. 9271 OF 2022 BAIL APPL. NO. 9273 OF 2022 & BAIL APPL. NO. 9314 OF 2022 ``` 5 the original property and thereby cheated the bank. 5. In (Crime No.645 of 2019) the prosecution allegation is that in the year 2014, one Hisham availed Rs.25 lakhs from K D C Bank, Kallai, Kozhikode by submitting forged property documents and showed another property instead of the original property and thereby cheated the bank. 6. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 7. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the abovesaid crimes and he has absolutely no role in the alleged crimes and that he was not aware of the registration of the same. He came to know about the registration of the crimes only on Annexure-A2 notice issued by the SHO, Elathoor Police Station to be present before him to give statement as witness in the abovesaid crimes. 8. The learned Public Prosecutor opposed the applications for bail mainly contending that by using forged documents huge amounts as loan has availed by the first ``` BAIL APPL. NO. 9271 OF 2022 BAIL APPL. NO. 9273 OF 2022 & BAIL APPL. NO. 9314 OF 2022 ``` 6 accused and accused Nos.4 to 6 created the forged documents. It is seen that the present crime has been registered on the basis of a complaint submitted by the Bank in 2019. The alleged commission of offences are as early as in 2014 and 2015. Petitioner submitted that in similar circumstances this court has granted bail to the petitioner in BA No.7780/2022. 9. Considering the facts and circumstances of the case and the nature of the allegations and taking into consideration that the petitioner has no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioner. In the result, these applications are allowed. Petitioner shall surrender before the investigating officer in Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station, on 07.12.2022 at 11 am and make himself available for interrogation. The petitioner shall cooperate with the investigation. It is directed that in the event of arrest of the petitioner in Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station,he shall be produced before the Jurisdictional Court on the same ``` BAIL APPL. NO. 9271 OF 2022 BAIL APPL. NO. 9273 OF 2022 & BAIL APPL. NO. 9314 OF 2022 ``` 7 day and shall be released on bail subject to the following conditions:- (i) The petitioner shall execute a separate bond in each case for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court, (ii) The petitioner shall appear before the investigating officer in Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station, on every Saturday at 11.00 am until filing of the final report, (iii) The petitioner shall report to the investigating officer as and when required for the investigation, (iv) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or ``` BAIL APPL. NO. 9271 OF 2022 BAIL APPL. NO. 9273 OF 2022 & BAIL APPL. NO. 9314 OF 2022 ``` 8 intimidate any witness in Crime No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station, (v) 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 No.650 of 2019, Crime No.649 of 2019 and Crime No.645 of 2019 of Elathoor Police Station, 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 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 R.AV