Kerala High Court
Ganga G vs State Of Kerala on 25 July, 2025
BAIL APPL. NO. 8273 OF 2025
1
2025:KER:54898
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8273 OF 2025
CRIME NO.1085/2025 OF Kollam West Police Station, Kollam
PETITIONER/SOLE ACCUSED:
GANGA G
AGED 54 YEARS
W/O. ROOPESH SREEMANGALAM, KUNNATHOOR WEST,
KUNNATHOOREASTP.O., KOLLAM, PIN - 678103
BY ADV SRI.V.PHILIP MATHEWS
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 DR. CHITH K. ARAVIND
S/O K. ARAVINDAN, PANKAJ (H), S/26, SANKAR NAGAR,
CHINNAKADA, KOLLAM, KOLLAM DISTRICT - IMPLEADED AS R2
VIDE ORDER DTD 18-7-25 IN CRL MA 2/25
3 G. BALAKRISHNAN NAIR
(DEFACTO COMPLAINANT) S/O GOPALAN NAIR, PRESIDENT,
KOLLAM COOPERATIVE BUILDING SOCIETY LTD,
Q-157THIRUMULLAVARAM. P. O -IMPLEADED AS R3 VIDE ORDER
DTD 18-7-25 IN CRL MA 3/25
4 DR. MANJU PRATHAP
BAIL APPL. NO. 8273 OF 2025
2
2025:KER:54898
W/O PRATHAP, SAMBHAVI (H), ASRAMAM, KOLLAM, KOLLAM
DISTRICT -IMPLEADED AS R4 VIDE ORDER DTD 18-7-25 IN CRL
MA 5/25
BY ADVS.
SRI.MANU RAMACHANDRAN
SHRI.ABDUL KHADER KUNJU S.
SHRI.A AL FAYAD
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SMT. AASHI K. SHAJAN
SHRI.RAVISANKAR C.R.
OTHER PRESENT:
SPL PP VACB RAJESH.A,SRPP VACB REKHA.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON 25.07.2025 DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8273 OF 2025
3
2025:KER:54898
A. BADHARUDEEN, J
============================
B.A. No. 8273 of 2025
==============================
Dated 25rd day of July 2025
ORDER
This is an application for anticipatory bail filed by the
petitioner in Crime No. 1085 of 2025, registered by the Kollam
West police station, alleging commission of offences punishable
under Sections 318(4), 316(2), 336(3) of Bharatiya Nyaya
Sanhitha, 2023 (for short, ‘BNS’), and later offences are corrected
as under Sections 406, 420, and 468 of IPC on finding that the
offences were committed before April 2024.
BAIL APPL. NO. 8273 OF 2025
4
2025:KER:54898
2. Heard the learned counsel for the petitioner, the learned
Public Prosecutor, the learned counsel appearing for the de facto
complainant who is impleaded as the additional 2nd respondent,
and also the learned counsel for one of two beneficiaries got
impleaded as additional 3rd, and 4th respondents in this case by
allowing their petitions.
3. Reading the FIR, the prosecution allegation is that the
accused herein, who worked as the Secretary of Kollam
Co-operative Building Society Q157 (for short, ‘the Society’
hereinafter), obtained unlawful enrichment on getting deposits
from third parties for and on behalf of the Society, and
misappropriated the same without depositing the same in the
BAIL APPL. NO. 8273 OF 2025
5
2025:KER:54898
Society. When the so-called persons demanded back their
money, the accused issued twelve cheques to those persons by
forging the signature of the President therein, who is the de facto
complainant in this case, and also by putting her signature since
the cheque of the Society would be honoured only when signed
by the President and Secretary. The amount misappropriated by
the petitioner as per the allegations in the FIR is Rs.70,74,500/-.
During the investigation, it was brought to the notice of the
Investigating Officer that apart from the IPC offences, offence
under Section 13(1) r/w 13(2) of the Prevention of Corruption
(Amendment) Act, 2018, also is committed by the petitioner,
and accordingly the investigation is now going on inclusive of the
BAIL APPL. NO. 8273 OF 2025
6
2025:KER:54898
above offences. Further request was given to the Vigilance to take
over the case.
4. While pressing for grant of anticipatory bail to the
petitioner, the learned counsel for the petitioner read over
various documents produced along with the Bail Application
and also the minutes of the Society including other documents
produced subsequently to contend that the Society has been
running in loss and the Society has been trailing to return the
money to the depositors. Accordingly, in order to pay the
amount to the depositors, deposits were collected from various
persons including the relatives of the Secretary and Director
Board Members. That apart, Rs.25 lakh was deposited by one
BAIL APPL. NO. 8273 OF 2025
7
2025:KER:54898
Abhijith who expressed to deposit Rs.50 lakh on the condition
of providing a job for him in the Society. He pointed out further
that, as per the WhatsApp communication between the Secretary
and the President, copy of the same has been produced, various
loans were granted, and deposits were returned as instructed by
the President. According to the learned counsel for the
petitioner, as could be read out from the records produced, the
petitioner is bound to obey the instructions of the President, and
accordingly, she acted upon the instructions. The learned
counsel for the petitioner pointed out Section 106 of the
Cooperative Societies Act in this regard. It is submitted by the
learned counsel for the petitioner further that, in the instant case,
BAIL APPL. NO. 8273 OF 2025
8
2025:KER:54898
none of the offences would attract against the petitioner, and if at
all, any involvement of the petitioner is found, the same could
not be found independently without the involvement of the de
facto complainant. Therefore, the de facto complainant also to
be made as an accused in the facts of the case.
5. According to the learned counsel for the petitioner, the
petitioner is under treatment as per Annexure – A9 certificate
issued by Subash D, Orthopedic Junior Consultant, District
Hospital, Mavelikkara, and therefore, the medical condition of
the petitioner also may be considered, when considering her plea
for pre-arrest bail. It is pointed out by the learned counsel for the
petitioner further that, if the petitioner is granted bail, then also
BAIL APPL. NO. 8273 OF 2025
9
2025:KER:54898
she is ready to co-operate with the investigation, and no
substantial change if she would be detained in custody otherwise.
6. The learned counsel for the de facto complainant, who is
the President of the Society, argued that on 07.05.2025, the
petitioner, who was the Secretary, made an application seeking
leave for ten days with effect from 08.05.2025 and the same was
granted. After the expiry of leave, she did not turn up for
employment, and subsequent enquiry by the President revealed
that the accused obtained money from various persons on the
premise of depositing the same in the Society by issuing forged
certificate and receipts and thereby the accused
misappropriated Rs.70,74,500/- as the said amount found to be
BAIL APPL. NO. 8273 OF 2025
10
2025:KER:54898
lacking as per the audit report. Thereafter, in order to discharge
the said liability, she issued twelve cheques by forging the
signature of the President, who is the de facto complainant in
this case. According to the learned counsel for the de facto
complainant, the persons in whose favour the cheques were
issued had already filed complaints before the police for
investigating the above matter, and registration of those crimes is
on the anvil. In the above circumstances, the learned counsel for
the de facto complainant submitted that the matter would
require effective investigation by questioning the petitioner in
custody, who misappropriated a huge amount to unearth the
BAIL APPL. NO. 8273 OF 2025
11
2025:KER:54898
seriousness of the allegation, and therefore, anticipatory bail
could not be granted.
7. The learned counsel for the additional 3rd and 4th
respondents also shared the argument of the additional 2nd
respondent and submitted that overall scrutiny of the
prosecution materials would make the allegations against the
petitioner warranting investigation. The learned counsel given
much emphasis to Annexure – A11 letter, admittedly sent by the
petitioner to the Chief Minister of Kerala where she admitted
that she had done some illegal activities as directed by the
Administrative Committee and the President. She was ready to
face consequences for the same. According to the learned
BAIL APPL. NO. 8273 OF 2025
12
2025:KER:54898
counsel for the additional respondents 3 and 4, they lost Rs.60
lakh in this matter. Thus, it is pointed out that the role of the
petitioner regarding the allegation is an admitted fact, rather than
mere allegations, and in such a case, without having the custodial
interrogation, release of the petitioner on anticipatory bail would
impede the investigation. Therefore, he zealously opposed grant
of anticipatory bail to the petitioner.
8. Addressing the arguments advanced by the additional
2nd, 3rd, and 4th respondents, the learned Public Prosecutor
conceded their grievance and strongly opposed grant of
anticipatory bail to the petitioner. The learned Public
Prosecutor produced a report of the Inspector of Police, Kollam
BAIL APPL. NO. 8273 OF 2025
13
2025:KER:54898
West Police Station, and submitted that apart from this crime,
another crime (Crime No. 1176/2025) was also registered against
the petitioner as on 10.07.2025. That apart, twenty complaints
with similar allegations were already filed before the police
station, necessitating registration of crimes in this regard. Since
the allegations are serious, granting anticipatory bail to the
petitioner without providing an opportunity to the prosecution
to effect custodial interrogation of the petitioner is fatal to the
investigation and successful prosecution.
9. On scrutiny of the prosecution allegations, along with
the records placed, the crux of the allegation is that the accused
herein, who has been working as the Secretary of Kollam
BAIL APPL. NO. 8273 OF 2025
14
2025:KER:54898
Co-operative Building Society Q157, obtained unlawful
enrichment by obtaining deposits from third parties on the
premise of depositing the same in the Society by issuing forged
receipts and certificates and misappropriated the same by herself
and during investigation, as of now Rs.43,35,000/- was found to
be misappropriated by her. When the depositors demanded the
money, she had issued 12 cheques by forging the signature of the
President therein, who is the de facto complainant in this case
along with her signature, since the cheques of the Society would
be honoured only when signed by the President and Secretary. It
is relevant to note, as pointed out by the learned counsel for the
additional respondents 3 and 4, as per Annexure – A11 letter
BAIL APPL. NO. 8273 OF 2025
15
2025:KER:54898
dated 03.07.2025 forwarded by the accused to the Chief
Minister, she partially admitted the financial crisis and liability of
the Society on account of failure to return the deposits by
admitting her role in the illegalities with the President. In the
report of the Investigating Officer, it is stated that now
investigation for the offences punishable under Sections 406,
409, 420, 465, 468, and 471 of the IPC as well as Section 13(1)
r/w 13(2) of the Prevention of Corruption (Amendment) Act
has been going on and it was requested by the Inspector of Police
to the VACB to take over investigation in view of incorporation
of the PC Act offences. In the report, it is pointed out that the
case is under preliminary stage of investigation. Hence, custodial
BAIL APPL. NO. 8273 OF 2025
16
2025:KER:54898
interrogation of the petitioner is absolutely necessary to ascertain
the truth of the allegation in depth involving a huge sum, and in
such a case, grant of anticipatory bail would impede the
investigation and would lead to the possibility of the petitioner
influencing the witnesses by threat and coercion.
10. It is discernible from the prosecution records that one
Abhijith deposited Rs.25 lakh to the Society with an undertaking
to deposit a total sum of Rs.50 lakh on assurance to provide him
an employment therein. But he has filed a criminal case on
dishonour of cheque for Rs.25 lakh issued by the Society in part
payment of the amount at his instance. This is evident from
BAIL APPL. NO. 8273 OF 2025
17
2025:KER:54898
Annexure – A11 letter given by Abijith to the President of the
Society.
11. It is interesting to note that in this matter, the
allegation against the petitioner is very serious and the same is to
the effect that she misappropriated Rs.43,35,000/-. In such a
case, as pointed out by the Investigating Officer and as submitted
by the learned Public Prosecutor and the learned counsel for the
additional respondent Nos.2, 3, and 4, a thorough investigation
by effectively questioning the petitioner in custody is absolutely
necessary to investigate as the amount misappropriated and
where the same is now. In such a case involving
misappropriation of a huge sum, grant of anticipatory bail to the
BAIL APPL. NO. 8273 OF 2025
18
2025:KER:54898
petitioner would be fatal to the investigation and the interest of
the victims who lost the amount, so also the same would impede
successful prosecution.
12. Even though, it is pointed out by the learned counsel
for the petitioner that the petitioner has some health issues,
referring to Annexures — A9 and A10, it appears that the same
was issued on 07.05.2025 when she applied for leave from
08.05.2015 suggesting that she has some issues with disc and she
would require three months leave. As per Annexure A10 dated
10.11.2022 (three years before), some mild diffuse disc bulge was
the impression as per MRI examination. In fact, these are not
reasons to see any serious ailment to the petitioner since she
BAIL APPL. NO. 8273 OF 2025
19
2025:KER:54898
worked as the Society after 10.11.2022 till 07.05.2022 with the
same discomfort. Thus bail plea on the said ground also would
not yield.
In the result, this petition is dismissed with direction to the
petitioner to surrender before the investigating officer forthwith,
and on failure to do so, the Investigating Officer is free to arrest
the petitioner as per law.
Sd/-
A.BADHARUDEEN, JUDGE
RMV
BAIL APPL. NO. 8273 OF 2025
20
2025:KER:54898
APPENDIX OF BAIL APPL. 8273/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO 1085 /2025
OF KOLLAM WEST POLICE
Annexure A2 A TRUE COPY OF THE LETTER DATED 29/10/2023
FROM ABHIJIT T.S.
Annexure A3 A TRUE COPY OF THE LEGAL NOTICE DATED
06/09/2024 BY ADVOCATE MR. SOORANAD . C
.JAYAKUMAR
Annexure A4 A TRUE COPY OF THE REQUEST DATED 03/05/2025
TO THE HONOURABLE MINISTER FOR COOPERATION
Annexure A5 A TRUE COPY OF THE REQUEST DATED 03/05/2025
TO THE REGISTRAR OF CO-OPERATIVE SOCIETIES
Annexure A6 A TRUE COPY OF THE REQUEST DATED 05-05-25 BY
PETITIONER TO THE PRESIDENT KOLLAM
CO-OPERATIVE BUILDING SOCIETY
Annexure A7 TRUE COPY OF THE JUDGMENT DATED 11-09-2024 IN
W.P.(C) NO 11038/23 AND CONNECTED CASES
Annexure A8 TRUE COPY OF THE AUDIT CERTIFICATE AND
MEMORANDUM OF AUDIT IN THE YEAR 2023-2024
DATED 30/12/2024
Annexure A9 TREATMENT CERTIFICATE DATED 07/05/2025 FROM
ORTHOPAEDIC SURGEON DR. SUBASH B.
Annexure A10 TRUE COPY OF THE MRL SCAN REPORT DATED
10/11/2022
Annexure A11 TRUE COPY OF THE PETITION DATED 03/07/2025
BEFORE THE CHIEF MINISTER OF KERALA
Annexure A12 TRUE COPY OF THE PETITION DATED 03/07/2025
BEFORE THE DISTRICT CHIEF POLICE OFFICER
Annexure A13 SCREENSHOTS OF THE MESSAGE UPDATES REGARDING
THE PETITION
RESPONDENT ANNEXURES
Annexure R2(a) THE TRUE COPY OF THE COMPLAINT DATED
08.06.2025 SUBMITTED BY APPLICANT BEFORE THE
SHO, KOLLAM WEST POLICE STATION ALONG WITH
BAIL APPL. NO. 8273 OF 2025
21
2025:KER:54898
RECEIPT NO.15995003-2025-5-00739 EVEN DATED
Annexure R2(b) THE TRUE COPY OF THE COMPLAINT DATED
27.06.2025 SUBMITTED BY APPLICANT BEFORE THE
COMMISSIONER OF POLICE, KOLLAM CITY ALONG
WITH RECORDS AND POSTAL RECEIPT EVEN DATED
Annexure R2(c) THE TRUE COPY OF THE COMPLAINT DATED
07.07.2025 SUBMITTED BY APPLICANT BEFORE THE
COMMISSIONER OF POLICE, KOLLAM CITY ALONG
POSTAL RECEIPT DATED 08.07.2025
PETITIONER ANNEXURES
Annexure A14 TRUE COPY OF RELEVANT AND AVAILABLE PAGES OF
THE MINUTES BOOKS OF THE SOCIETY FROM
12-09-2016
Annexure A15 TRUE COPY OF THE TRANSCRIPT OF THE WHATSAPP
MESSAGES BETWEEN THE PETITIONER AND DE-FACTO
COMPLAINANT
RESPONDENT ANNEXURES
Annexure R4(a) THE TRUE COPY OF THE COMPLAINT DATED
12.06.2025 SUBMITTED BY APPLICANT BEFORE THE
COMMISSIONER OF POLICE, KOLLAM CITY ALONG
WITH RECORDS
[ad_1]
Source link