Kerala High Court
Pushpa Varghese vs State Of Kerala on 3 March, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 1
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 3759 OF 2024
CRIME NO.416/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
BEEVIJA P. H,
AGED 45 YEARS
W/O. BINOY SALAM, SUBAH (H), CHAITHANYA NAGAR,
PARAPPURAM, PERUMBAVOOR P. O, ERNAKULAM DISTRICT,
PIN - 683542
BY ADVS.
NISHA GEORGE
NAMITA PHILSON
GEORGE POONTHOTTAM (SR.)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 THE INSPECTOR OF POLICE,
PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM
RURAL, ERNAKULAM DISTRICT, PIN - 683542
3 MUHAMMED N.A,
S/O. ABOOBACKER, RESIDING AT NATHEKKATTU HOUSE,
NORTH EZHIPRAM KARA, ERNAKULAM DISTRICT (IMPLEADED
AS ADDL R3 AS PER ORDER DTD 29/5/24 IN CRL MA 1/24)
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 2
2025:KER:16956
4 NIKSHEPA SAMRAKSHANA SAMITHI ( PERUMBAVOOR URBAN
SAHAKARANA SANGHAM NO. 2024) SAMITHI
C/O METRO MEDICALS, NEAR NEW PRIVATE BUS STAND,
PERUMBAVOOR-683542, REPRESENTED BY ITS SECRETARY
IMPLEADED AS R4 VIDE ORDER DATED 21-1-25 IN CRL MA
2/24
BY ADVS.
PUBLIC PROSECUTOR, SRI.C.K.SURESH
R.UMASANKAR
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..4860/2024, 4864/2024 AND
CONNECTED CASES, THE COURT ON 03.03.2025 DELIVERED THE
FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 3
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 4860 OF 2024
CRIME NO.838/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
1 K.M ABDUL SALAM,
AGED 61 YEARS
S/O MUSTAFA, KARIYELIL HOUSE, PERUMBAVOOR VILLAGE,
PERUMBAVOOR ARA,KUNNATHUNAADU TALUK, PIN - 683542
2 AGI EBRAHAM,
AGED 56 YEARS
S/O EBRAHAM, AMBATTU HOUSE, MARAKKAR ROAD,
PERUMBAVOOR VILLAGE, PERUMBAVOOR KARA, KUNNATHUNADU
TALUK, PIN - 683542
BY ADVS.
SIRAJ KAROLY
MOHAMMED SHAD K.A.
SRUTHY N. BHAT
P.VIJAYA BHANU (SR.)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 4
2025:KER:16956
2 NIKSHEPA SAMRAKSHANA(PERUMBAVOOR URBAN SAHAKARANA
SANGHAM NO.2024) SAMITHI
C/O. METRO MEDICALS , NEAR NEW PRIVATE BUS STAND
PERUMBAVOOR - 683542 REPRESENTED BY ITS SECRETARY IS
IMPLEADED AS ADDL.R2 AS PER ORDER DATED 21/01/2025
IN CRL.MA. 1/2024.
BY ADVS.
PUBLIC PROSECUTOR, SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION,
SRI.R.UMASANKAR, ADDL.R3
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 5
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 4864 OF 2024
CRIME NO.838/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
1 NOUSHAD,
AGED 58 YEARS
S/O SHEIK PAREED, VARIKADAN HOUSE, ONNAMILE,
PERUMBAOOR VILLAGE, PERUMBAVOOR KARA, KUNNATHUNADU
TALUK, P.O PERUMBAVOOR, PIN - 683542
2 BABU JOHN,
AGED 65 YEARS
S/O JOHN, NETAJI BHAVAN, POOPANI ROAD, PERUMBAVOOR
VILLAGE, PERUMBVOOR KARA, KUNNATHUNADU TALUK, PIN -
683542
3 SHARAF,
AGED 59 YEARS
S/O SYED MOHAMMED, KALAPURAKKAL HOUSE, RAYONPURAM
P.O, PERUMBAVOOR VILLAGE, PERUMBAVOOR KARA, PIN -
683543
4 P.S ABOOBACKER,
AGED 48 YEARS
S/O SULAIMAN, PUTHIRI HOUSE, RAYANPURAM P.O,
CHELAMMATAM VILLAGE, KUNNATHUNADU TALUK, PIN - 68354
5 C.A MUHAMMED (MUHAMMED KUNJU),
AGED 61 YEARS
S/O ADIMAKUTTY, CHENTHARA HOUSE, CHELAMMATOM
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 6
2025:KER:16956
VILLAGE, VALLAM KARA, P.O RAYONPURAM, KUNNATHUNADU
TALUK, PIN - 683543
BY ADVS.
SIRAJ KAROLY
MOHAMMED SHAD K.A.
SRUTHY N. BHAT
P.VIJAYA BHANU (SR.)
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 7
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 4876 OF 2024
CRIME NO.838/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
1 ES RAJAN,
AGED 48 YEARS
S/O SREEDHARAN EDATHOTTIL HOUSE, ERNAKULAM RURAL,
KERALA, (ACCUSED NO. 5), PIN - 683542
2 NA RAHIM,
AGED 63 YEARS
S/O AHAMED UNNI, NANETHAN HOUSE, RAYON-PURAM,
VALLAM, PERUMBAVOOR, ERNAKULAM RURAL, KERALA,
( ACCUSED NO. 7), PIN - 683543
3 NISHA ANIL,
AGED 45 YEARS
W/O ANIL, THOTTUPURAM HOUSE, KARATTAPALLIKKARA,
PERUMBAVOOR, ERNAKULAM RURAL, KERALA (ACCUSED
NO.14), PIN - 683542
BY ADV P.D.SARANGADHARAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 8
2025:KER:16956
2 THE STATION HOUSE OFFICER,
PERUMBAVOOR POLICE STATION, ERNAKULAM RURAL, PIN -
683542
3 NIKSHEPA SAMRAKSHANA SAMITHI( PERUMBAVOOR URBAN
SHAKARANA SANGHAM 2024)
C/O METRO MEDICALS, NEAR NEW PRIVATE BUS STAND,
PERUMBAVOOR-683542, REPRESENTED BY ITS SECRETARY
IMPLEADED AS R4 VIDE ORDER DATED 21-1-25 IN CRL MA
2/24
BY ADVS.
PUBLIC PROSECUTOR SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION,
SRI.R.UMASANKAR, ADDL.R3
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 9
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 4906 OF 2024
CRIME NO.838/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
BEEVIJA P. H,
AGED 45 YEARS
W/O. BINOY SALAM,SUBAH (H), CHAITHANYA NAGAR,
PARAPPURAM,PERUMBAVOOR P. O, ERNAKULAM DISTRICT, PIN
- 683542
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE INSPECTOR OF POLICE,
PERUMBAVOOR POLICE STATION,PERUMBAVOOR, ERNAKULAM
RURAL, ERNAKULAM DISTRICT, PIN - 683542
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
CIVIL STATION, KAKKANAD,ERNAKULAM, PIN - 682030
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 10
2025:KER:16956
BY ADVS.
PUBLIC PROSECUTOR SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 11
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 4969 OF 2024
CRIME NO.838/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
K. RAVIKUMAR,
AGED 66 YEARS
SUDARSANA AVITTAM HOUSE, NEAR BOYS LP SCHOOL,
PERUMBAVOOR, ERNAKULAM RURAL, PIN - 683542
BY ADVS.
SINU.G.NATH
N.ANILKUMAR
DEEPA DEVI C.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
PERUMBAVOOR RURAL POLICE STATION, PERUMBAVOOR P.O.,
ERNAKULAM, PIN - 683542
BY ADVS.
PUBLIC PROSECUTOR SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 12
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 5561 OF 2024
CRIME NO.838/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
PUSHPA VARGHESE,
AGED 60 YEARS
W/O. VARGHESE, CHAKKALA HOUSE, IRINGOLE,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683545
BY ADV A.P.LALY @ LALY VINCENT
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 13
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 5881 OF 2024
CRIME NO.996/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
BEEVIJA P.H.,
AGED 45 YEARS
W/O. BINOY SALAM, SUBAH (H), CHAITHANYA NAGAR,
PARAPPURAM, PERUMBAVOOR P.O., ERNAKULAM DISTRICT,
PIN - 683542
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
NAMITA PHILSON
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE INSPECTOR OF POLICE,
PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM
RURAL, ERNAKULAM DISTRICT, PIN - 683542
PUBLIC PROSECUTOR, SRI.C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 14
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 5890 OF 2024
CRIME NO.997/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
BEEVIJA P.H.,
AGED 45 YEARS
W/O. BINOY SALAM, SUBAH (H), CHAITHANYA NAGAR,
PARAPPURAM, PERUMBAVOOR P.O., ERNAKULAM DISTRICT,
PIN - 683542
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
NAMITA PHILSON
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE INSPECTOR OF POLICE,
PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM
RURAL, ERNAKULAM DISTRICT, PIN - 683542
BY ADVS.
PUBLIC PROSECUTOR SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025 DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 15
2025:KER:16956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 5896 OF 2024
CRIME NO.1010/2024 OF Perumbavoor Police Station, Ernakulam
PETITIONER/S:
BEEVIJA P.H.,
AGED 45 YEARS
W/O. BINOY SALAM, SUBAH (H), CHAITHANYA NAGAR,
PARAPPURAM, PERUMBAVOOR P.O., ERNAKULAM DISTRICT,
PIN - 683542
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
NAMITA PHILSON
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE INSPECTOR OF POLICE,
PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM
RURAL, ERNAKULAM DISTRICT, PIN - 683542
BY ADVS.
PUBLIC PROSECUTOR SRI.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH Bail Appl..3759/2024 AND CONNECTED
CASES, THE COURT ON 03.03.2025, DELIVERED THE FOLLOWING:
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 16
2025:KER:16956
P.V.KUNHIKRISHNAN, J.
-----------------------------------------------
BA Nos. 3759, 4860, 4864, 4876, 4969, 4906,
5561, 5881, 5890 and 5896 of 2024
-------------------------------------------------
Dated this the 3rd day of March, 2025
ORDER
These bail applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 / 438 of the
Criminal Procedure Code, 1973. These bail applications are
connected and therefore, I am disposing of these bail
applications by a common order.
2. The petitioners in BA Nos. 4906/2024, 4860/2024,
4864/2024, 4876/2024, 4969/2024, and 5561/2024 are
accused in Crime No.838/2024 of Perumbavoor Police Station,
Ernakulam. The petitioner in BA No.4906/2024 is also accused
in Crime Nos.416/2024, 996/2024, 997/2024, and 1010/2024
of Perumbavoor Police Station. Hence, she filed BA
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 17
2025:KER:16956
Nos.3759/2024, 5881/2024, 5890/2024 and 5896/2024.
3. First, I will consider the bail applications filed by the
accused in Crime No.838/2024 of Perumbavoor Police Station.
Crime No.838/2024 was registered by the Perumbavoor Police
alleging offences punishable under Sections 406, 408, 409,
417, 465, 467, 468, 471 and 420 r/w 34 of IPC. The above
case is registered based on a complaint filed by the Joint
Registrar (General), Ernakulam, Sri. Jossal Fransis Thoppil. The
complaint is filed based on an inquiry conducted under Section
68(1) of the Kerala Co-operative Societies Act, 1969.
4. Accused are the present and former members and
staff of the Perumbavoor Urban Co-operative Society Ltd.
No.2024 (hereinafter referred to as ‘the Society’). The
allegation is that accused Nos.1 to 18, with an intention to
cause unjust loss to the Society and unjust gain for themselves,
during the period from 2011-2016, misused their official
position, by forging documents for granting membership
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 18
2025:KER:16956
without qualification, and granting loans without accepting loan
documents as per the Co-operative Society Rules and thereby
caused a loss of Rs.33,33,87,691/- to the Co-operative Society.
Hence, it is alleged that the accused committed the aforesaid
offences.
5. The petitioner in BA No.3759/2024 is the accused in
Crime No.416/2024 of Perumbavoor Police Station. The above
case is registered alleging offences punishable under Section
409 IPC. The prosecution case is that the petitioner who is the
Secretary of the Perumbavoor Urban Bank, misappropriated
about Rs.4,47,025/- deposited in the joint account of the
defacto complainant in that case and his wife, Rs.18,14,099/-
and Rs.38,20,399/- which were deposited as fixed deposit in
the account of the defacto complainant and his wife
respectively. It is alleged that she had intentionally
misappropriated the funds and had not disbursed the amounts
even after the date of maturity. Hence, it is alleged that the
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 19
2025:KER:16956
accused committed the offence.
6. BA No.5881/2024 is filed by the accused in Crime
No.996/2024 of Perumbavoor Police Station. The above case
was registered alleging offences punishable under Sections 468,
471, and 420 r/w 34 of IPC. The prosecution case is that the
accused forged documents to avail a loan in the name of the de
facto complainant for an amount of Rs.20 lakhs without his
knowledge and thereby committed the said offences. It is
further alleged that the petitioner, along with others, misused
the application submitted by the defacto complainant in order to
avail the said loan. Hence, it is alleged that the accused
committed the offence.
7. BA No. 5890/2024 is filed by the accused in Crime
No.997/2024 of Perumbavoor Police Station. The above case
was registered against the petitioner and others alleging
offences punishable under Sections 468, 471 and 420 r/w 34 of
IPC. The prosecution case is that the accused forged documents
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 20
2025:KER:16956
to avail a loan in the name of the de facto complainant for an
amount of Rs.20 lakhs without his knowledge and thereby
committed the said offence. It is further alleged that the
petitioner, along with others, misused the application submitted
by the defacto complainant in order to avail the said loan.
Hence, it is alleged that the accused committed the said
offence.
8. The petitioner in BA No.5896/2024 is an accused in
Crime No.1010/2024 of Perumbavoor Police Station. The above
case is registered alleging offences punishable under Sections
468, 471 and 420 r/w 34 of IPC. The prosecution case is that
the accused forged documents to avail a loan in the name of
the defacto complainant for an amount of Rs.20 lakhs without
his knowledge and thereby committed the said offences. It is
further alleged that the petitioner, along with others, misused
the application submitted by the de facto complainant in order
to avail the said loan. Hence, it is alleged that the accused
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 21
2025:KER:16956
committed the offence.
9. Heard Senior Counsel Adv. Sri. George Poonthottam
instructed by his retaining counsel, Senior Counsel Adv. Sri. P.
Vijayabhanu instructed by his retaining counsel and Adv. Sri. N.
Anil Kumar for the petitioners. I also heard Senior Public
Prosecutor Adv. Sri. C.K. Suresh for the State.
10. The Senior Counsel Adv. Sri. George Poonthottam
appeared for Beevija P.H., who is the accused in Crime Nos.
838/2024, 416/2024, 996/2024, 997/2024 and 1010/2024 of
Perumbavoor Police Station. The short point raised by the
Senior Counsel is that Smt. Beevija P.H. took charge as
Secretary of the Society from 01.06.2016. The alleged
irregularities were found by the Joint Registrar, which is the
basis for registering these cases that happened before she took
charge as Secretary. Therefore, it is submitted that she was not
in charge of the Society when the irregularities were alleged to
have been committed. In addition to this, the Senior Counsel
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 22
2025:KER:16956
also submitted that his client Beevija P.H., is only the Secretary
of the Society. She is bound to proceed based on the decision
of the Director Board of the Society. She was only acting as per
the direction of the Director Board of the Society, and therefore,
she cannot be implicated as an accused. The Senior Counsel
also submitted that his client is now suffering from depression
and adjustment disorder caused by the high stress at the
workplace due to the false allegations raised against her. It is
also submitted that she has been hospitalized as an inpatient.
Therefore, the counsel for the petitioner also submitted that she
may be released on bail on medical grounds also.
11. The learned Senior Counsel Adv. Sri. P. Vijayabhanu
submitted that K.M. Abdul Salam, who is the 1st accused and
Babu John, who is the 4th accused in Crime No. 838 of 2024,
are seriously laid up, and therefore, the Senior Counsel
submitted that they may be released on bail on medical
grounds. The Senior Counsel also submitted that the 2 nd
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 23
2025:KER:16956
accused in Crime No. 838 of 2024, who is the 2 nd
petitioner in
BA No. 4860/2024, held the office during the period from 2004
to 2014. However, the complaint based on this incident was
filed about a decade later. The Senior Counsel submitted that
the allegation against him is also unsustainable.
12. Adv. Sri. N. Anilkumar, who appeared for the
petitioner in BA No.4969/2024, submitted that his client was
the Secretary of the Society for the period from 1986 to
31.05.2016, and he retired on 31.05.2016.
13. The counsel also submitted that he is aged 66
and is suffering from a cerebral haemorrhage that happened in
2012. It is submitted that he is still continuing the medicine for
the same with restricted movements. It is also submitted that
the left portion of his body was completely paralysed and he is
having 60% disability. Annexure-A1 is produced in BA
No.4969/2024 to prove the same.
14. The Senior Public Prosecutor who appeared for
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 24
2025:KER:16956
the State seriously opposed the bail application. The Senior
Public Prosecutor submitted that he has filed separate
statements in all these cases about the involvement of the
petitioner in the case. The Public Prosecutor submitted that this
is a clear case in which a huge amount of money has been
looted from society by the accused in these cases. The Public
Prosecutor submitted that the investigation is in the preliminary
stage. According to the Public Prosecutor, the investigation so
far revealed that the accused persons allotted loans with
deceitful intention to cheat the Society. The Public Prosecutor
also submitted that the money on behalf of these loans was
disbursed by cash and not through the account. Hence, to
whom the money was actually handed over was not clear. The
Public Prosecutor also submitted that the addresses of the
persons in whose names the loans were issued were written
vaguely and hence, the investigating authority is in a difficult
position to proceed with the investigation. Hence, it is
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 25
2025:KER:16956
submitted that the custodial interrogation of the accused in
these cases is necessary. But, the learned Senior Public
Prosecutor fairly submitted that the accused No. 1, K M Abdul
Salam and accused No.4, Babu John are seriously laid up and if
this Court grants bail to them, stringent conditions may be
imposed.
15. This Court considered the contentions of the
petitioners and the Senior Public Prosecutor. When these bail
applications came up for consideration initially, there was an
order from this Court not to arrest the petitioners and that
order is in force even now. Subsequently, when these cases
came up for consideration before this Court on 27.01.2025, this
Court passed the following order :
“These bail applications are pending before this Court for
about one year. An interim order is also there not to arrest
the petitioners. I am of the considered opinion that, before
deciding these bail applications, the Investigating authority
should be given an opportunity to interrogate the petitioners
and submit a report before this Court as to whether the
custodial interrogation of the petitioners is necessary in the
BA Nos. 3759, 4860, 4864, 4876, 4969,4906, 5561, 5881, 5890 and 5896 of 2024 26
2025:KER:16956
facts and circumstances of the case because the prosecution
case itself is that the case can be proved through oral and
documentary evidence.
2. Petitioners shall appear before the Investigating Officer
on 03.02.2025. The Investigating Officer is free to
interrogate the petitioners continuously for three days from
10 A.M. to 4 P.M. if required.
3. The 1st petitioner in B.A. No.4860/2024 and the 2nd
petitioner in B.A. No.4864/2024 can be interrogated from
their residence or hospital by the Investigating Officer, if
necessary, because it is submitted that they are completely
laid up. Petitioners shall not be arrested till the next posting
date. The Investigating Officer shall submit a report before
this Court on 10.02.2025.”
Post on 10.02.2025.”
16. After the passing of the above order, the petitioners
in these cases, except two of them, appeared before the
investigating officer. Their statements are recorded. The 1st
accused, K M Abdul Salam was interrogated from his house at
Perumbavoor and accused No.4 was interrogated from Karitas
Hospital, Kottayam. After the interrogation, the investigating
officer filed a statement on 07.02.2025. The investigating
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 27
2025:KER:16956
officer in that statement also insists for a custodial interrogation
of the petitioners.
17. The investigation in Crime No.838/2024 of
Perumbavoor Police Station was originally conducted by M.K.
Rajesh and K.M.Soofi, Inspectors of Police, Perumbavoor.
Subsequently, the case was transferred to the Crime Branch as
per order No. D2-105986/2024/PHQ dated 21.10.2024 of the
DGP & State Police Chief, and it was re-registered in the Crime
Branch Police Station as Crime No.1797/2024 and forwarded to
Crime Branch, Economic Offence Wing, Ernakulam unit. They
are conducting the investigation.
18. First, I will consider the bail application filed by
the accused in Crime No. 838/2024 as BA No. 4860/2024,
which is now being investigated by the Crime Branch. BA No
4860/2024 is filed by accused No.1 KM Abdul Salam and
accused No.2, Agi Ebrahim. As far as the 1st petitioner in this
case is concerned, the investigating officer conceded that he is
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 28
2025:KER:16956
laid up and suffering from illness. The Public Prosecutor
submitted that he can be released on bail, after imposing
stringent conditions.
19. But, the bail application of the 2nd petitioner,
who is the 2nd accused, is seriously opposed. The 2nd petitioner
was a member of the Director Board of the Society from 2009
to 2014. According to the prosecution on 28.02.2011, the
Director Board of the Society passed a loan by pledging the
property measuring 7.64 ares in Survey No.17/2 in
Chelamattom Village of Mr V.P.Rasaq, who is the 6th accused in
the above case, who is a member of the Director Board and
passed 27 loans to 27 persons, who were friends and associates
of him and the loan amount disbursed was Rs.81,00,000/-.
According to the prosecution, at that time, the maximum loan
that could be allowed to one person was Rs.3,00,000/- only. It
is submitted that in the meeting of the Director Board, the 1 st
accused attended and he signed in the minutes along with the
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 29
2025:KER:16956
other accused. The 2 nd
petitioner, who is the 2 nd
accused, was a
member of the Director Board of the Society from 2009 to
2014. He participated in the meeting of the Board, which
passed the loans to the property of Sulaiman and signed the
minutes. The loans issued were not to actual persons and the
money was not given to the persons, in whose name the loans
were issued. As a member of the Director Board, he is fully
responsible for this, is the contention of the prosecution. As the
Director Board member, the 2 nd petitioner is responsible for the
illegal loans allotted by the Director Board, is the submission. It
was his duty to ensure that the loans were being issued
properly and the deposits of the people were being utilized
properly. I think there is a force in the argument of the
prosecution. A huge amount is disbursed, flouting the rules and
the 2nd petitioner is a signatory to the minutes of the meeting
in which the loans were sanctioned. When the investigating
officer submits before this Court that the custodial interrogation
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 30
2025:KER:16956
of this petitioner is necessary, this Court cannot deny the same,
especially when the total amount involved is crores.
20. BA No. 4906/2024 is filed by the 18 th accused.
According to the senior counsel, Sri. George Poonthottam, the
18th accused, was the Secretary of the Society only from
01.06.2016. Therefore, it is submitted that she is not
responsible for the illegal loans disbursed by the Director Board,
prior to that. However, the Public prosecutor took me through
paragraph 9 of the statement filed by the investigating officer in
this case. In the above paragraph, it is stated that the Director
Board on 03.01.2017, passed 39 loans for Rs.20,00,000/- each
(total Rupees 7.8 crores) by pledging the property measuring
20.92 ares in Survey No.50/01, 50/02 in Perumbavoor Village,
of Mr Jiji K John, a previous staff of the society. The persons in
whose names the loans were allotted were the friends and
relatives of Jiji K. John is the submission. It is also the case of
the prosecution that, at that time, the maximum loan that could
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 31
2025:KER:16956
be allowed to one person was 20 lakhs as per the bye-law. The
loan was allowed to him, his wife, his daughters etc. The
address mentioned in the loan application was not the same
even though they lived in the same house. The meeting of the
Director Board was attended and the minutes was signed by the
Director Board member and the petitioner. It is also submitted
by the prosecution that the valuation report was signed by P.S.
Aboobacker, who is the 11th accused, Pushpa Prabha Varghese,
who is the 9th accused and Nisha Anil, who is the 14 th accused
for Rs.15,53,93,760/-. The fair value of the property is
Rs.1,25,52,000/-. It is also submitted by the prosecution that
the loans were not repaid so far, and now the amount due is
Rs.14,74,91,238/-. It is submitted that the amount cannot be
recovered from the property pledged and it happened because
of the wrong valuation of the property. Therefore, it is
submitted that the custodial interrogation of the petitioner is
necessary. I think there is a force in the above submission
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 32
2025:KER:16956
also. The petitioner has to surrender before the Investigating
Officer.
21. B.A. No.4969/2024 is filed by K.Ravikumar, who
is the 17th accused. The involvement of the 17 th accused is
clearly stated in the statement filed by the Investigating Officer.
The main contention raised by Adv. N. Anilkumar is that the
petitioner is suffering from serious ailments. Adv. N. Anilkumar
took me through the Annexure-A1 disability certificate. This
Court perused the same. It is true that there is a permanent
whole-body disability of 60% certified by the Orthopaedic
Surgeon. The Public Prosecutor submitted that the Investigating
Officer interrogated the petitioner and he came to the office of
the Investigating Officer. He has no serious illness to exempt
him from custodial interrogation. When the allegations are very
serious, this Court is not in a position to exempt the petitioner
from custodial interrogation on medical grounds alone.
22. Petitioners in B.A. No.4864/2024 are accused
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 33
2025:KER:16956
Nos.3, 4, 10, 11 & 16. Admittedly, the 3 rd
petitioner, who is the
10th accused (Sharaf), is already arrested and he is released on
bail by this Court. Therefore, the bail application of the 3 rd
petitioner, who is the 10th accused, is infructuous. As far as the
2nd petitioner (Babu John), who is the 4 th accused, is concerned,
it is submitted by the Public Prosecutor that he is hospitalized
and suffering from a serious illness. Therefore, it is submitted
that this Court can grant bail to him considering the medical
grounds. What remains are petitioners 1, 4 and 5, who are
accused Nos.3, 11 and 16. A statement is filed by the
Investigating Officer as far as the involvement of these
petitioners is concerned. This Court carefully perused the
same. Specific allegations are there against these petitioners.
The Investigating Officer, even after the interrogation based on
the order passed by this Court, submitted that the custodial
interrogation of these petitioners is necessary. If that is the
case, I think this Court cannot invoke the extraordinary
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 34
2025:KER:16956
jurisdiction to grant bail to them.
23. B.A. No.4876/24 is filed by accused Nos.5, 7 and
14. As far as these accused are concerned, a statement is filed
by the prosecution. This Court perused the same. I am of the
considered opinion that this is not a fit case in which the
petitioners can be released on bail invoking the powers under
Section 482 of the BNSS.
24. Similarly, the petitioner in B.A. No.5561/2024 is
the 9th accused in the above case. In that case also, a
statement is filed. This Court carefully perused the statement.
After going through the statement and also considering the
involvement of the petitioner, I think the custodial interrogation
is necessary.
25. B.A. Nos. 5881/2024, 5890/2024, 5896/2024 &
3759/2024 are filed by Beevija P.H., who is the 2nd accused in
Crime Nos. 996/2024 and 997/2024, 3rd accused in Crime No.
1010/2024 & 1st accused in Crime No. 416/2024 of
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 35
2025:KER:16956
Perumbavoor Police Station. The allegation in Crime
No.416/2024 is that there is a misappropriation of funds by the
accused. The de facto complainant deposited a huge amount
and the same has not been disbursed even after the period of
maturity. According to the prosecution, the fixed deposit
amounts were not disbursed because of the maladministration
and misappropriation of funds by the petitioner and other
accused. In such circumstances, according to me, the
petitioner is not entitled to the discretionary jurisdiction of this
Court. As far as Crime Nos.996/2024, 997/2024 and
1010/2024, respectively, of Perumbavoor Police Station are
concerned, the allegation is almost the same. It is alleged that
the accused forged the documents to avail loans in the name of
the defacto complainants in these cases, without their
knowledge and thereby committed the offences. The
allegations are serious. In such circumstances, I am of the
considered opinion that the petitioner in the above cases is also
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 36
2025:KER:16956
not entitled to the discretionary relief of bail.
26. The upshot of the above discussion is that the
petitioners are not entitled to bail.
Therefore, these bail applications are disposed of in the
following manner:
i) B.A. Nos. 5881/2024, 5890/2024, 5896/2024,
3759/2024, 5561/2024, 4876/2024, 4969/2024 and
4906/2024 are dismissed.
ii) B.A. No.4864/2024 is allowed in part. The bail
application of petitioner Nos.1, 4 and 5, who are
accused Nos.3, 11 and 16 respectively, are dismissed.
The bail application of the 3rd petitioner (Sharaf), who is
the 10th accused, is dismissed as infructuous. If the 2 nd
petitioner (Babu John), who is the 4 th accused, is
arrested in connection with Crime No.838/2024 of
Perumbavoor Police Station, he shall be released on bail
on executing a bond for a sum of Rs.50,000/-(Rupees
BA Nos. 3759, 4860, 4864, 4876, 4969,
4906, 5561, 5881, 5890 and 5896 of 2024 37
2025:KER:16956
Fifty Thousand only) with two solvent sureties each for
the like sum to the satisfaction of the arresting officer
concerned. The petitioner shall cooperate with the
investigation.
iii) B.A. No.4860/2024 is allowed in part. If the 1 st
petitioner (K.M.Abdul Salam), who is the 1st accused, is
arrested in connection with Crime No.838/2024 of
Perumbavoor Police Station, he shall be released on bail
on executing a bond for a sum of Rs.50,000/-(Rupees
Fifty Thousand only) with two solvent sureties each for
the like sum to the satisfaction of the arresting officer
concerned. The petitioner shall cooperate with the
investigation. The bail application of the 2 nd petitioner,
who is the 2nd accused in the above crime is dismissed.
SD/-
P.V.KUNHIKRISHNAN
nvj/SKS/DM JUDGE
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