Kerala High Court
Raju George @ N.M. George vs State Of Kerala on 30 August, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6758 OF 2024 CRIME NO.714/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 N.M RAJU, AGED 64 YEARS S/O. GEORGE, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE GEORGE, AGED 57 YEARS W/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ANSON GEORGE, AGED 31 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: BY SMT. PUSHPALATHA. M.K THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6759/2024, 6760/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:2:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6759 OF 2024 CRIME NO.353/2024 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA PETITIONERS/ACCUSED 1 TO 4: 1 N.M. RAJU, AGED 64 YEARS S/O. GEORGE, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE RAJU, AGED 57 YEARS W/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ANSON GEORGE, AGED 31 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 B.A.No.6758/2024 & Connected cases -:3:- 2024:KER:65701 OTHER PRESENT: BY SRI. C.S. HRITHWIK SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:4:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6760 OF 2024 CRIME NO.328/2024 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 N.M. RAJU, AGED 64 YEARS S/O. GEORGE, NEDUMPARAMBIL ARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE RAJU, AGED 57 YEARS W/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ALAN GEORGE, AGED 31 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: B.A.No.6758/2024 & Connected cases -:5:- 2024:KER:65701 BY SMT. SSEETHA. S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:6:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6762 OF 2024 CRIME NO.268/2024 OF ELAVUMTHITTA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 N.M. RAJU, AGED 64 YEARS S/O. GEORGE, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE RAJU, AGED 57 YEARS W/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ANSON GEORGE, AGED 31 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: B.A.No.6758/2024 & Connected cases -:7:- 2024:KER:65701 BY SMT. SEETHA.S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:8:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6763 OF 2024 CRIME NO.352/2024 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA PETITIONERS/ACCUSED 1 TO 4: 1 N.M RAJU, AGED 64 YEARS S/O. GEORGE, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE RAJU, AGED 57 YEARS W/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ANSON GEORGE, AGED 31 YEARS S/O. N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 B.A.No.6758/2024 & Connected cases -:9:- 2024:KER:65701 OTHER PRESENT: BY SMT. SEETHA. S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:10:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6764 OF 2024 CRIME NO.738/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 N.M RAJU, AGED 64 YEARS, S/O GEORGE, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE RAJU, AGED 57 YEARS W/O N.M RAJU,NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O N.M RAJU, AGED 57 YEARS, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS S/O N.M RAJU AGED 57 YEARS, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: B.A.No.6758/2024 & Connected cases -:11:- 2024:KER:65701 BY SMT. SEETHA. S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:12:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6765 OF 2024 CRIME NO.737/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 N.M RAJU , AGED 64 YEARS S/O GEORGE, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE RAJU , AGED 57 YEARS W/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ANSON GEORGE, AGED 31 YEARS S/O N.M RAJU,NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 B.A.No.6758/2024 & Connected cases -:13:- 2024:KER:65701 OTHER PRESENT: BY SMT. PUSHPALATHA. M.K SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:14:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6949 OF 2024 CRIME NO.333/2024 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 N.M RAJU, AGED 64 YEARS S/O GEORGE, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE GEORGE, AGED 57 YEARS W/O N.M RAJU, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O N.M RAJU, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ANSON GEORGE, AGED 31 YEARS S/O N.M RAJU, RAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: B.A.No.6758/2024 & Connected cases -:15:- 2024:KER:65701 BY SMT. PUSHPALATHA. M.K SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:16:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 6950 OF 2024 CRIME NO.266/2024 OF ELAVUMTHITTA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 N.M RAJU, AGED 64 YEARS S/O GEORGE, NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 2 GRACE RAJU, AGED 57 YEARS W/O, N.M RAJU NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 3 ALAN GEORGE, AGED 33 YEARS S/O, N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 4 ANSON GEORGE, AGED 31 YEARS S/O, N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: B.A.No.6758/2024 & Connected cases -:17:- 2024:KER:65701 BY SEETHA. S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:18:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7154 OF 2024 CRIME NO.746/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 RAJU GEORGE AGED 64 YEARS S/O N.M. GEORGE,NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU AGED 57 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT/STATE OF KERALA : STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: BY SMT. SEETHA. S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:19:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7156 OF 2024 CRIME NO.743/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 RAJU GEORGE @ N.M. GEORGE AGED 64 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU AGED 57 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: BY SMT. PUSHPALATHA. M.K SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:20:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7159 OF 2024 CRIME NO.727/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 RAJU GEORGE @ N.M. GEORGE AGED 64 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU AGED 57 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE, AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE, AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT: STATE OF KERALA KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-, PIN - 682031 OTHER PRESENT: BY SMT. PUSHPALATHA.M.K. SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:21:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7163 OF 2024 CRIME NO.717/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 RAJU GEORGE @ N.M. GEORGE AGED 64 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU, AGED 57 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT: STATE OF KERALA KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: BY SMT. SEETHA. S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:22:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7165 OF 2024 CRIME NO.745/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 RAJU GEORGE @ N.M. GEORGE AGED 64 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU AGED 57 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: BY SMT. PUSHPALATHA. M.K SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:23:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7168 OF 2024 CRIME NO.715/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONER/S: 1 RAJU GEORGE @ N.M. GEORGE AGED 64 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU AGED 57 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE, AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: BY SMT. PUSHPALATHA. M.K SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:24:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7169 OF 2024 CRIME NO.739/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 RAJU GEORGE @ N.M. GEORGE AGED 67 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU AGED 54 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: BY SMT. PUSHPALATHA. M.K SENIIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:25:- 2024:KER:65701 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 BAIL APPL. NO. 7170 OF 2024 CRIME NO.728/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 4: 1 RAJU GEORGE, S/O. N.M. GEORGE AGED 64 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 2 GRACE RAJU AGED 57 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 3 ALAN GEORGE AGED 33 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 ANSON GEORGE AGED 31 YEARS NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689101 BY ADV JAI GEORGE RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: BY SMT. SEETHA. S SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.08.2024, ALONG WITH BAIL APPL..6758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6758/2024 & Connected cases -:26:- 2024:KER:65701 COMMON ORDER
Dated this the 30th day of August, 2024
The applications are filed under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (in
short, ‘BNSS’), by the accused Nos.1 to 4 in the below
mentioned crimes for allegedly committing the
offences punishable under Sections 406, 409 and 420
read with Section 34 of the Indian Penal Code (in
short, ‘IPC’) and Section 4 of the Banning of
Unregulated Deposit Schemes Act, 2019. In
B.A.Nos.6763 & 6759/2024, the petitioners are also
alleged to have committed the offences under Section
5 of the Kerala Protection of Interests of Depositors in
Financial Establishment Act, 2013, in addition to the
above mentioned offences. The petitioners were
originally arrested in Crime No.644/2024 of the
Thiruvalla Police Station on 07.05.2024. Subsequently,
B.A.No.6758/2024 & Connected cases
-:27:-
2024:KER:65701
the petitioners’ arrests were recorded from 16.07.2024
to 23.07.2024 in the following cases: B.A.No.6764/2024
is filed in Crime No.738/2024, B.A.No.6765/2024 is
filed in Crime No.737/2024, B.A.No.6758/2024 is filed
in Crime No.714/2024, B.A.No.7154/2024 is filed in
Crime No.746/2024, B.A.No.7156/2024 is filed in
Crime No.743/2024, B.A.No.7159/2024 is filed in
Crime No.727/2024, B.A.No.7163/2024 is filed in
Crime No.717/2024, B.A.No.7165/2024 is filed in
Crime No.745/2024, B.A.No.7168/2024 is filed in
Crime No.715/2024, B.A.No.7169/2024 is filed in
Crime No.739/2024, & B.A.No.7170/2024 is filed in
Crime No.723/2024 all registered by the Thiruvalla
Police Station; B.A.No.6950/2024 is filed in Crime
No.266/2024 & B.A.No.6762/2024 is filed in Crime
No.268/2024 of the Elavumthitta Police Station;
B.A.No.6763/2024 is filed in Crime No.352/2024, &
B.A.No.6758/2024 & Connected cases
-:28:-
2024:KER:65701
B.A.No.6759/2024 is filed in Crime No.353/2024 of the
Vallikunnam Police Station; and B.A.No.6760/2024 is
filed in Crime No.328/2024 & B.A.No.6949/2024 is
filed in Crime No.333/2024 of the Pulikkezhu Police
Station. Since all the above applications are filed by
the same petitioners, the applications were
consolidated, jointly heard, and are being disposed of
by this common order.
2. The common case of the de-facto
complainants in the respective crimes is that the
accused were running an establishment named
‘Nedumparambil Credit Syndicate’. The accused had
offered high interest on fixed deposits to the de-facto
complainants. Accordingly, the de-facto complainants
deposited money in the said establishment on the belief
of getting high interest. However, the accused did not
pay the interest or return the capital. Thus, the
B.A.No.6758/2024 & Connected cases
-:29:-
2024:KER:65701
accused have committed the above offences.
3. Heard; Sri.Jai George, the learned counsel
appearing for the petitioners; Smt. Seetha S., and
Sri.C.S.Hrithwik, the learned Senior Public
Prosecutors.
4. The learned counsel for the petitioners
submitted that the petitioners are totally innocent of
the accusations leveled against them. They have been
falsely implicated in the crime. There is no material to
substantiate that the petitioners have committed the
above offences. In any given case, the petitioners have
been in judicial custody for the last 115 days, the
investigation in the cases are not complete, and the
final reports have not been filed, despite the lapse of
90 days. Therefore, the petitioners are entitled to be
released on statutory bail in all the crimes, as
contemplated under sub-section (2) of Section 167 of
B.A.No.6758/2024 & Connected cases
-:30:-
2024:KER:65701
the Code. By the common order dated 06.08.2024 in
B.A.Nos.5656/2024 and connected cases, this Court
has already enlarged the petitioners on statutory bail.
The petitioners are entitled to the benefit of a similar
order. Hence, the applications may be allowed.
5.The learned Public Prosecutors opposed the
applications. They submitted that the petitioners have
committed serious economic offences by cheating the
public at large. There are numerous cases registered
against the petitioners for committing similar offences.
The petitioners are not entitled to statutory bail since
their arrests were recorded in this batch of cases only
from 16.07.2024 to 23.07.2024. Since Section 409 of
the IPC is incorporated, the petitioners are liable to be
punished with life sentences. Therefore, the time
period to file final reports is up to 90 days, which has
not lapsed in these cases. If the petitioners are
B.A.No.6758/2024 & Connected cases
-:31:-
2024:KER:65701
enlarged on bail, there is every likelihood of them
committing similar offences. Hence, the applications
may be dismissed.
6.The common prosecution case in all the
crimes is that the petitioners had induced the de-facto
complainants to deposit money in their establishment
on the assurance of paying them high interest.
However, the accused failed to pay the interest or
return the capital within the stipulated time period.
The fact remains that the petitioners were arrested in
Crime No.644/2024 of the Thiruvalla Police Station as
early as on 07.05.2024. They have been in judicial
custody for the last 115 days. In the batch of cases,
this Court has already enlarged the petitioners on
statutory bail, since the final reports were not filed
within the stipulated time period. The petitioners are
actually entitled to the benefit of statutory bail since
B.A.No.6758/2024 & Connected cases
-:32:-
2024:KER:65701
they are languishing in jail from 07.05.2024. It is only
because their arrest was subsequently recorded that
they are not entitled to statutory bail as on today.
However, the fact remains that the petitioners have
been in judicial custody for the last 115 days, the
investigation in the cases is practically complete, and
recoveries have been effected.
7. Recently, in Manish Sisodia v. Directorate
of Enforcement [2024 INSC 595] the Honourable
Supreme Court has observed that, over a period of
time, the trial courts and the High Courts have
forgotten a very well-settled principle of law that bail is
not to be withheld as a punishment. From its
experience, it appears that the trial courts and the
High Courts attempt to play safe in matters of grant of
bail. The principle that bail is the rule and refusal is an
exception is, at times, followed in breach. On account
B.A.No.6758/2024 & Connected cases
-:33:-
2024:KER:65701
of non-grant of bail even in straight forward open and
shut cases, the Honourable Supreme Court is flooded
with huge number of bail petitions thereby adding to
the huge pendency. It is high time that the trial courts
and the High Courts recognize the principle that “bail
is the rule and jail is an exception.
8. Similarly, in Jalaluddin Khan v Union
of India [2024 INSC 604] the Hon’ble Supreme Court
has observed in the following lines:
“21. xxx xxxx xxx When a case is made out for a grant
of bail, the Courts should not have any hesitation in granting bail.
The allegations of the prosecution may be very serious. But, the
duty of the Courts is to consider the case for grant of bail in
accordance with the law. “Bail is the rule and jail is an exception”
is a settled law. Even in a case like the present case where there
are stringent conditions for the grant of bail in the relevant
statutes, the same rule holds good with only modification that the
bail can be granted if the conditions in the statute are satisfied.
The rule also means that once a case is made out for the grant of
bail, the Court cannot decline to grant bail. If the Courts start
denying bail in deserving cases, it will be a violation of the rights
guaranteed under Article 21 of our Constitution.”
B.A.No.6758/2024 & Connected cases
-:34:-
2024:KER:65701
9. In Satender Kumar Antil v. CBI and
another [(2022) 10 SCC 51], the Hon’ble Supreme
Court, after a meticulous survey of all the precedents
on the law governing bail, has laid down exhaustive
guidelines for the Courts while dealing with the bail
applications. It is profitable to extract the relevant
paragraphs of the decision in this context of the case
on hand, which reads thus:
“12. The principle that bail is the rule and jail is the
exception has been well recognised through the repetitive
pronouncements of this Court. This again is on the touchstone of
Article 21 of the Constitution of India. This Court in Nikesh
Tarachand Shah v. Union of India [Nikesh Tarachand Shah v. Union
of India, (2018) 11 SCC 1 : (2018) 2 SCC (Cri) 302] , held that : (SCC
pp. 22-23 & 27, paras 19 & 24) .”
13. Further this Court in Sanjay Chandra v. CBI [Sanjay
Chandra v. CBI, (2012) 1 SCC 40 : (2012) 1 SCC (Cri) 26 : (2012) 2
SCC (L&S) 397] , has observed that : (SCC p. 52, paras 21-23)
“21. In bail applications, generally, it has been laid down
from the earliest times that the object of bail is to secure the
appearance of the accused person at his trial by reasonable amount of
bail. The object of bail is neither punitive nor preventative.
Deprivation of liberty must be considered a punishment, unless it is
required to ensure that an accused person will stand his trial when
called upon. The courts owe more than verbal respect to the principle
that punishment begins after conviction, and that every man is
deemed to be innocent until duly tried and duly found guilty.
B.A.No.6758/2024 & Connected cases
-:35:-
2024:KER:65701
10. In Prabir Purkayastha v. State (NCT of
Delhi)[2024 SCC OnLine SC 934], the Honourable
Supreme Court has observed as follows:-
“21. The Right to Life and Personal Liberty is the
most sacrosanct fundamental right guaranteed under
Articles 20, 21 and 22 of the Constitution of India. Any
attempt to encroach upon this fundamental right has
been frowned upon by this Court in a catena of
decisions. In this regard, we may refer to following
observations made by this Court in the case of Roy V.D.
v. State of Kerala[(2022) SCC OnLine SC 929 : 2022
INSC 756]:–
“7. The life and liberty of an individual is so
sacrosanct that it cannot be allowed to be interfered
with except under the authority of law. It is a principle
which has been recognised and applied in all civilised
countries. In our Constitution Article 21 guarantees
protection of life and personal liberty not only to
citizens of India but also to aliens.”
11. On an overall consideration of the facts, the
rival submissions made across the Bar, and the
materials placed on record, particularly on considering
the fact that the petitioners have been in judicial
custody for the last 115 days, the investigation in the
B.A.No.6758/2024 & Connected cases
-:36:-
2024:KER:65701
cases is practically complete, recoveries have been
effected, and the petitioners have been enlarged on
statutory bail in numerous cases, I am of the firm view
that the petitioners’ further detention is unnecessary.
Hence, I hold that the petitioners are entitled to be
enlarged on bail; but subject to stringent conditions.
In the result, the applications are allowed, by
directing the petitioners to be released on bail, on
them executing a bond for Rs.1,00,000/- (Rupees one
lakh only) with two solvent sureties each for the like
sum, in each of the crimes to the satisfaction of the
court having jurisdiction, which shall be subject to the
following conditions:
(i) The petitioners shall appear before the
Investigating Officers on every fourth Saturday
between 9 a.m. and 11 a.m till the final reports
are laid. They shall also appear before the
Investigating Officers as and when required;
B.A.No.6758/2024 & Connected cases
-:37:-
2024:KER:65701
(ii) The petitioners shall not directly or indirectly
make any inducement, threat or procure to any
person acquainted with the facts of the case so
as to dissuade them from disclosing such facts
to the court or to any Police Officer or tamper
with the evidence in any manner, whatsoever;
(iii) The petitioner shall not commit any offence
while they are on bail;
(iv) 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.
(v) Applications for deletion/modification of the bail
conditions shall be moved and entertained by
the court below.
(vi) Needless to mention, it would be well within the
powers of the Investigating Officer to
investigate the matter and, if necessary, to
B.A.No.6758/2024 & Connected cases
-:38:-
2024:KER:65701
effect recoveries on the information, if any,
given by the petitioners even while the
petitioners are 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].
Sd/-
C.S.DIAS,JUDGE DST/30.08.24 //True copy// P.A. To Judge