w w w . L a w y e r S e r v i c e s . i n



Shoby Joseph & Others v/s State of Kerala, Represented by The Superintendent of Police, Crime No. 367 of 2019 of CB, Central Unit-IV, Represented by The Public Prosecutor, High Court of Kerala, Ernakulam & Another


Company & Directors' Information:- JOSEPH AND CO PVT LTD [Active] CIN = U01211KL1954PTC000507

Company & Directors' Information:- E R JOSEPH & CO PVT LTD [Strike Off] CIN = U28920WB1955PTC022404

    Bail Appl. Nos. 18 & 2151 of 2020

    Decided On, 21 July 2020

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    For the Petitioners: C.P. Udayabhanu, Navaneeth. N. Nath, P.S. Biju, Advocates. For the Respondents: C.K. Suresh, Sr. PP.



Judgment Text


1. The petitioners, who are accused Nos.1 to 7 in Crime No.367/2019 of Crime Branch Police Station, CB HQ, Thiruvananthapuram, for offences punishable under sections 406, 408, 420, 465, 468 and 471 r/w section 34 of the Indian Penal Code, apprehending arrest, seek pre-arrest bail.

2. According to the prosecution case, main accused are the National President and office bearers of the United Nurses Association (UNA). They along with few other persons, who are not members or office bearers of UNA, during the period from April 2017 to January 2019, allegedly entered into a criminal conspiracy and in furtherance of it, forged and manipulated documents purported to evidence payment of huge amounts to various persons and thereby misappropriated about 3 crores of rupees from the account of that Organization. Alleging that, they committed misappropriation, criminal breach of trust and cheating in furtherance of their common intention, the Vice President of UNA laid a complaint dated 14.03.2019 to the DGP. It alleged falsification of accounts, minutes book, non inclusion of several lakhs of rupees in the account and misuse of funds. A preliminary enquiry was conducted and pursuant to the report, above crime was registered. Petitioner in B.A.No.2151 of 2020 is the first accused and the National President of the UNA. The first petitioner in B.A.No.18 of 2020 is the State President of the Association, the 2nd petitioner is alleged to be the driver of the first accused, 3rd petitioner is the office staff and petitioners 4 to 6 are the office bearers of State association. Petitioners 1 to 6 are accused Nos.2 to 7.

3. Contending that they have been falsely implicated due to organizational rivalry, bail is sought. According to the petitioners, the Association is maintaining proper records which are audited from time to time. The entire amounts received by the Association have been properly and duly accounted and are regularly entered in the account books and they have not committed any misappropriation. It was further contended that the management of private hospitals and other political organizations were enemical to the Association since, they, for the first time, formed an association of nurses employed in private hospitals and were successful in ensuring better service conditions and benefits to the nurses. Consequently, the private hospital management are attempting to split the association and to implicate its office bearers in false cases. The complainant is a stooge in their hands and is no longer an office bearer of the association. It was contended that, they are willing to co-operate with the investigation and hence custodial interrogation was not essential.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor, who vehemently opposed the application.

5. The records reveal that the Vice President of the United Nurses Association had submitted complaints to the Director General of Police dated 14.03.2019 and 11.04.2019 raising serious allegations of financial irregularities in relation to funds of the association. According to the complainant, Association was maintaining three separate bank accounts. During the period from April 2017 to January 2019 about Rs.3,71,00,000/- have gone out from the account. By the end of January 2019, the amount in one account decreased to few lakhs of rupees. It was alleged that huge amounts have been utilized for several unauthorized purposes, which were not authorized by the Association nor properly accounted. It was also alleged that, several persons, who have absolutely no connection with the bank had withdrawn huge amounts from the accounts. It included a sum of Rs.59,00,000/- withdrawn by the driver of the National President of the Association. Hence, detailed investigation was sought. In the second complaint, the complainant alleged that, in the course of the investigation, the statements of the office bearers who had been questioned were read over to him. He had occasion to refer to the documents relied on by the accused. According to the complainant, it revealed that, several records of the Association have been manipulated and forged documents have been brought into existence. Investigation was sought on the above allegations also.

6. A preliminary enquiry was conducted, which indicated the necessity for a detailed investigation. In the meanwhile, the President of the United Nurses Association and two others approached this Court by filing Crl.M.C.No.4243 of 2019. While disposing of the Crl.M.C, the learned Single Judge observed that the allegations were serious and the matter needed to be investigated by a senior officer with good investigating skills.

7. It seems that a special investigation team under a Superintendent of Police was constituted and that team is investigating.

8. According to investigation, A3 and A8 are not members of UNA. They are allegedly the driver and the wife respectively of A1. Huge transfer of amounts into their accounts have been identified. Investigation revealed that one Syam Krishnan admitted that, huge amounts were entrusted by A1 which were deposited in his personal account and substantial amount transferred to the account of A8, the wife of A1. The total amount so transferred is around 4 lakhs rupees. Around 17 lakhs were credited to the account of A3 and thereafter, transferred to the account of A8. Second accused credited a sum of Rs.4 lakhs to his account and fourth accused transferred it to the account of A8. Investigation has to be conducted to ascertain the reason for such doubtful transfer and can be ascertained only with the co-operation of prime accused. Though A3 is not an office bearer, the explanation of the association is that, he is authorized by the association to deal with funds.

9. Investigation revealed that, two cars were purchased for the use of office bearers and one flat for locating the office of the State Committee. It is seen that, one innova car was purchased in the name of wife of A1, after availing a loan. The vehicle now stands in her name and EMI is being paid by UNA. It seems that an unregistered agreement is also entered into with A8 that on full payment of loan amount, she would assign the vehicle to the association. The explanation offered for this arrangement is that only A8 could avail a loan. Another vehicle is purchased from A3 on condition that the sale price will be paid by association in monthly installments and after full payment, vehicle would be transferred to the association. The flat is also purchased in the name of A8. According to the association, it was purchased by availing a loan of Rs.50 lakhs and Rs.10 lakhs by UNA. Though the total consideration stated to be paid is Rs.60 lakhs, the consideration mentioned in the deed is Rs.22 lakhs.

10. Another transaction relates to purchase of a Hospital by the association for Rs.15 crores through one Udayan. A sum of Rs.25 lakhs was shown in the balance sheet of the association as advance paid. However investigation revealed that, in fact the agreement for sale was entered into between Udayan and the owner of Hospital, the advance paid was only Rs.10 lakhs. According to the investigating agency, these are doubtful transactions and they suspect misappropriation of huge funds. It is alleged that the accounts have not been audited. The statutory authority under the T.C Literary and Charitable Societies Act, the District Registrar has informed that, they have not verified the accounts of the association. According to the investigating agency, the accused are absconding. They are not cooperating with investigation and look out notices have been issued against A1 to A4.

11. In the meanwhile, association did not produce the records and registers on the ground that the registers were stolen sometime in between 28.4.2019 to 14.5.2019. Evidently, loss of records was after lodging of the present complaint. However, complaint about the theft of records was laid only on 20.05.2019. A crime was registered as Crime No.650/2019 on the basis of complaint laid by fifth accused. However, other materials casting serious doubt on claim of theft of records and registers have been unearthed. Investigation has also indicated discrepancies in the statements and reports submitted to different authorities, like Registrar of Co-operative Societies and the authority under the T.C, Literary and Charitable Societies Act.

12. The case diary made available shows that, very serious allegations of financial fraud have been raised. In the course of investigation, several incriminating materials have been unearthed. Suspicion has been cast on several transactions of the association, including the purchase of hospital, flat and vehicle. The investigation is at a fluid stage. The prosecution has a specific allegation that the accused are not co-operating with the investigation. It is also alleged that several attempts are made by the accused to thwart the investigation.

13. Having considered these facts, I feel that, this is not a fit case to grant pre-arrest bail to prime accused Nos.1 to 4. However, petitioners 4, 5 and 6 in B.A.No.18 of 2020 stand on a different footing. Very serious allegations are not raised against th

Please Login To View The Full Judgment!

em. No incriminating material have been unearthed against them. Hence, I am inclined to take a lenient view in the case of petitioners 4, 5 and 6 in B.A.No.18 of 2020 who are accused Nos.5, 6 and 7. 14. Hence B.A.No.18 of 2020 is partly allowed. Accused Nos.5, 6 and 7 who are petitioners 4, 5 and 6 shall surrender before investigation officer within 10 working days from today. After interrogation, identification and recovery, they shall be released on bail on executing a bond for Rs.70,000/-(Rupees Seventy Thousand only) with two sureties for the like sum each on the following conditions: 1). They shall not threaten, coerce or intimidate the defacto complainant and witnesses. 2). They shall appear before the investigation officer as when called for and co-operate with the investigation. 3). They shall not get involved in any other offence. B.A.No.18 of 2020 to the extent of petitioners 1, 2 and 3 who are accused, 2, 3, and 4 stand dismissed. B.A.No.2151 of 2020 stands dismissed.
O R







Judgements of Similar Parties

30-09-2020 Christopher Joseph O'neill Versus Andrew Bridgman & Others Court of Appeal of New Zealand
11-09-2020 M/s. Unicorn Maritimes (India) Private Limited., Represented by its Director Arul Augustin Joseph Chennai Versus Valency Internation Trading Pvt Limited., Represented by its Director & Another High Court of Judicature at Madras
08-09-2020 John Joseph, Advocate, Chairman Voters Alliance, Ernakulam Versus State of Kerala, Represented by Secretary, Department of Local Self Government, Thiruvananthapuram & Others High Court of Kerala
08-09-2020 Dr. Joseph Freeman Motha & Another Versus Sudha Vijayan & Another High Court of Kerala
19-08-2020 Maruti Suzuki India Ltd., New Delhi Versus Adv. Shiji Joseph & Others National Consumer Disputes Redressal Commission NCDRC
14-08-2020 Jollyamma Joseph Versus State of Kerala Represented by The Public Prosecutor, High Court of Kerala High Court of Kerala
21-07-2020 G. Bhagavat Singh Versus Manoj Joseph & Others High Court of Kerala
16-07-2020 Jai Joseph Versus State of Karnataka, Represented by its State Public Prosecutor, Bengaluru High Court of Karnataka
15-07-2020 Manu Joseph Versus State of Kerala, Represented by The Public Prosecutor, High Court of Kerala, Ernakulam & Another High Court of Kerala
13-07-2020 Dr. K.J. Joseph & Others Versus The Mattathur Grama Panchayath, Thrissur, Rep. by Its Secretary & Others High Court of Kerala
30-06-2020 Bilsy Joseph, now residing at 3743, Falkner Drive, United States of America, Represented by her Power of Attorney holder (Mother), Rosamma Joseph, Kottayam Versus Registrar of Births & Deaths, Changanassery Muncipality, Kottayam & Others High Court of Kerala
19-06-2020 M/s. Virgo Industries (Engineers) Pvt Ltd., Rep. By its Director Reethamma Joseph & Another Versus M/s. Venturetech Solutions Pvt Ltd., Rep. By its Director N. Mal Reddy High Court of Judicature at Madras
29-05-2020 Joe Joseph Versus The State of Kerala, Represented by The Principal Secretary To Government, Higher Education Department, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
04-05-2020 Jobin Joseph Versus Uma Thomas & Another High Court of Kerala
30-04-2020 United Nurses Association, Through Its State President Shoby Joseph, Thrissur Versus Union Of India, Represented By The Secretary, New Delhi & Another High Court of Kerala
28-04-2020 Kane Joseph Manoah Versus The Queen Court of Appeal of New Zealand
20-03-2020 Jollyamma Joseph @ Jolly Versus The State of Kerala Represented by Public Prosecutor, High Court of Kerala, Ernakulam & Another High Court of Kerala
17-03-2020 K.T. Joseph & Another Versus Revenue Divisional Officer, Kottayam & Others High Court of Kerala
11-03-2020 Shyla @ Shymol Kamalasanan & Another Versus Joseph High Court of Kerala
11-03-2020 M/s. Logical Developers Private Limited, New Delhi, Represented by Its Authorized Signatory Jose Joseph, Kochi & Another Versus M/s. Muthoot Mini Financiers Private Limited, Pathanamthitta, Represented by Its Chairman & Managing Director Roy M. Mathew & Others High Court of Kerala
10-03-2020 Shail Jiju Versus Biju Joseph & Another High Court of Kerala
09-03-2020 V.Y. Thomas @ Sajimon Versus V.Y. Joseph High Court of Kerala
03-03-2020 Jet Airways (India) Ltd., represented by its Airport Manager Versus Thomas Joseph Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
28-02-2020 Sabu Joseph Versus Kerala State Election Commission, Represented by Its Secretary, State Election Commission Office, Thiruvananthapuram & Another High Court of Kerala
20-02-2020 General Manager, Hmt Machine Tools Ltd., Through Its Deputy General Manager (Hr) Shri Joseph Pradeep Keshri Minz, Ajmer (Raj) & Others Versus Controlling Authority, Under Payment of Gratuity Act, 1972 & Assistant Labour Commissioner (Central), Ajmer (Raj) & Others High Court of Rajasthan Jaipur Bench
20-02-2020 Lalu Joseph Versus The State of Kerala, Represented by The Public Proseucutor, High Court of Kerala, Ernakulam for The Circle Inspector of Police, Nilambur High Court of Kerala
19-02-2020 Marthoma Syrian Church, Represented by Most Rev. Dr. Joseph, Marthoma Metropolitan, Thiruvalla & Others Versus Jessie Thampi (Died) & Others High Court of Kerala
19-02-2020 Joy Joseph Versus Desai Homes represented by V.R. Desai & Another Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
13-02-2020 E. Arputhadhas Versus E. Joseph (Died) & Others Before the Madurai Bench of Madras High Court
10-02-2020 Tonymon Joseph Versus General Manager, Southern Railway, Chennai & Others High Court of Kerala
31-01-2020 Kolli Venkata Mohana Rao & Another Versus Joseph Christian Krishnaraj (died) & Others High Court of Judicature at Madras
29-01-2020 J. Xavier Versus Joseph High Court of Judicature at Madras
20-01-2020 K. John & Others Versus John Joseph & Others High Court of Kerala
14-01-2020 Joseph Yemmiganoor @ Kadakoti Versus State, Through Police Inspector & Another In the High Court of Bombay at Goa
19-12-2019 Joseph Tajet Versus State of Kerala Represented by Chief Secretary To Government, Government Secretariat, Thiruvananthapuram High Court of Kerala
12-12-2019 Nobby M. George, Changanassery Tlauk, Rep. by Power of Attorney holder his mother Alice George, Changanassery Versus Jossy Joseph, Kuttanad Taluk, Now Staying With Her Sister Raji Joseph, Erskine Court, Nanuet 10954, New York, USA High Court of Kerala
10-12-2019 Joseph Charles & Others Versus State, Rep. by Inspector of Police, All Women Police Station-South, Madurai & Another Before the Madurai Bench of Madras High Court
06-12-2019 P.T. Joseph, Proprietor, Cheryl Enterprises, Elamakkara, Ernakulam Versus Kabeer Husain Minanna & Others High Court of Kerala
28-11-2019 Joseph Mathai @ Jose Versus State of Kerala, Thiruvampady Police Station, Crime No.199/07 High Court of Kerala
28-11-2019 M. Jeyamary Versus M. Joseph Before the Madurai Bench of Madras High Court
18-11-2019 Deepa Rachal George Versus Sherin Annie Joseph & Others High Court of Kerala
14-11-2019 Rev. Fr. L. Joseph Paulraj Versus St. Mary's Cathedral Trust Rep. by its Secretary-cum-Treasurer Rev. Fr. Devaraj & Others High Court of Judicature at Madras
11-11-2019 Joseph Antony Gerard Versus J.L. Malarvizhi High Court of Judicature at Madras
04-10-2019 IC 29547 L Bobby Joseph Versus Union of India & Others Supreme Court of India
26-09-2019 Priya Versus Biju Joseph High Court of Kerala
19-09-2019 M.M. Joseph Versus Yoonus & Others High Court of Kerala
19-09-2019 M/s. Kotak Mahindra Bank Ltd., Egmore, Chennai, Represented by Chief Manager, Stephen Joseph, Kochi Versus Joseph Mohanan & Another High Court of Kerala
17-09-2019 Alwin Joseph Versus The Superintendent of Police, Erode & Another High Court of Judicature at Madras
06-09-2019 Sushil Joseph Versus The Deputy Commissioner of Labour-II (Authority under the Payment of Wages Act) Chennai & Others High Court of Judicature at Madras
27-08-2019 Paul Joseph Shirole & Another Versus The State of Maharashtra High Court of Judicature at Bombay
26-08-2019 B.S. Shabana Versus Kevin Joseph Selvadoray High Court of Karnataka
22-08-2019 State of Kerala, Represented by deputy Commissioner of State Tax (Law), State Goods & Service Tax Department, Ernakulam Versus Raphel T. Joseph High Court of Kerala
21-08-2019 M/s Popular Vehicles & Services Ltd., V.H. Kammath Towers, Kadathy, Muvattupuzha Versus James K. Joseph & Another Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
09-08-2019 Charly Joseph Versus State of Kerala, Represented by The Secretary, Industries Department, Thiruvananthapuram & Others High Court of Kerala
09-08-2019 Joseph Thomas @ Jose & Others Versus State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Ernakulam High Court of Kerala
30-07-2019 Sijo Joseph Versus The Transport Commissioner, Vazhuthacaud, Thiruvananthapuram & Others High Court of Kerala
29-07-2019 Geemol Joseph, Represented by her Power of Attorney holder Losan Joseph Versus Kousthabhan & Another High Court of Kerala
19-06-2019 Joseph Thomas @ Thampi Kannanthanam & Others Versus Molly George @ Molamma High Court of Kerala
14-06-2019 C. Joseph Versus The District Collector, Coimbatore & Others High Court of Judicature at Madras
14-06-2019 V.M. Joseph Versus Kadanad Grama Panchayath, Represented by Its Secretary, Kottayam & Others High Court of Kerala
11-06-2019 Clarence Joseph Bhengra Versus State of Jharkhand High Court of Jharkhand
07-06-2019 L'Oratoire Saint-Joseph du Mont-Royal Versus J.J Supreme Court of Canada
30-05-2019 D.B. Jatti & Another Versus Kambam Sudhir Joseph Reddy & Another High Court of Karnataka
30-05-2019 Thresiamma Manshoven Versus Manshoven Jacques Joseph High Court of Kerala
29-05-2019 Asha, Rep. by the Power of Attorney Holder Jonh D'cruz Versus P.K. Joseph & Another High Court of Kerala
02-05-2019 Lydia Agnes Rodrigues (Since deceased) through her legal heirs & Others Versus Joseph Anthony D'Cunha & Others High Court of Judicature at Bombay
26-04-2019 Viji Joseph & Another Versus P. Chander & Others High Court of Judicature at Madras
25-04-2019 Management of St. Joseph of Cluny Montessori School, Pondicherry Versus The Director of School Education, Government of Pondicherry & Others High Court of Judicature at Madras
09-04-2019 Joseph Santhosh Kottarathil Alexander & Others Versus The Superintendent of Customs (Aiu), Cochin International Airport, Nedumbassery, Kochi & Others High Court of Kerala
29-03-2019 Joseph Peter & Others Versus Elizabath Manuel & Others High Court of Kerala
25-03-2019 Commissioner, West Arni Panchayat Union, Thiruvannamalai Versus St. Joseph Social Welfare Centre, Rep by Brother & Others High Court of Judicature at Madras
14-03-2019 Joseph Saldhana Versus State of Karnataka, Represented by the Deputy Commissioner & Others High Court of Karnataka
08-03-2019 K.A. Joseph Versus The District Collector, Kottayam & Others High Court of Kerala
07-03-2019 Sebastian Joseph Versus The Governor, Reserve Bank of India, Mumbai Others High Court of Kerala
06-03-2019 James Joseph Murren as Trustee of the James J Murren Spendthrift Trust & Daniel Lee Versus Glenn Schaeffer Court of Appeal of New Zealand
27-02-2019 Tushar Versus Internal Complaints Committee Christ University, Rep. by its Presiding Officer Dr. Mayamma Joseph & Others High Court of Karnataka
22-02-2019 Shali Joseph & Another Versus S.K. Sasikumar High Court of Kerala
19-02-2019 P.B. Dineshan Pillai Versus Joseph @ Jose High Court of Kerala
18-02-2019 Joseph Versus State of Karnataka & Others High Court of Karnataka
13-02-2019 HDB Financial Services Limited, Ernakulam, Represented by Its Legal Officer (Kerala) & Authorized Officer, A.C. Pratheesh Versus M/s. Kings Baker Private Limited, Kottayam, Represented by Its Proprietor, Tom.P. Joseph & Others High Court of Kerala
08-02-2019 Malabar Granites, Palakkad, Represented by Its Managing Partner, M.K. Joseph Versus The Secretary , Koppam Grama Panchayat, Palakkad & Others High Court of Kerala
31-01-2019 Sami Labs Limited Versus M.V. Joseph High Court of Karnataka
29-01-2019 P. Santhosh Joseph & Another Versus The Principal Secretary to Government, Municipal Administration & Water Supply Dept., Chennai & Others Before the Madurai Bench of Madras High Court
24-01-2019 Malabar Granites, Represented by Its Managing Partner, M.K. Joseph Versus The Secretary, Koppam Grama Panchayat & Others High Court of Kerala
24-01-2019 Thomas Joseph Versus Caculo Automotive Pvt. Ltd. & Another Goa State Consumer Disputes Redressal Commission Panaji
24-01-2019 The Commercial Tax Officer, Changanassery & Others Versus M/s. Hotel Breezeland Ltd., Changanassery, Represented by Its Managing Director Joseph Cherian & Another High Court of Kerala
23-01-2019 M/s. Sanjose Parish Hospital, Represented by its Director, Rev. Fr. Joseph (Noby) Ambookan & Others Versus The Commercial Tax Officer, Chavakkad, Thrissur & Others High Court of Kerala
22-01-2019 Joseph A. Kennedy Versus Bremerton School District (2019) Supreme Court of United States
22-01-2019 Joseph A. Kennedy Versus Bremerton School District(2019) Supreme Court of United States
18-01-2019 M/s. Sanjose Parish Hospital, Thrissur, Represented by Its Director, Rev. Fr. Joseph (Noby) Ambookan & Others Versus The Commercial Tax Officer, Thrissur & Others High Court of Kerala
14-01-2019 Joseph Velivil Versus Nucleus Premium Properties Pvt. Ltd., represented by its Managing Director Nishad N.P, Ventura Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
11-01-2019 Suo Motu, K. Ani Joseph & Others Versus State of Kerala & Another High Court of Kerala
11-01-2019 Joseph George & Another Versus State of Kerala, Represented by The Chief Secretary, State Secretariat, Thiruvananthapuram & Others High Court of Kerala
03-01-2019 The Assistant General Manager & Authorized Officer, Union Bank of India Consortium, Ernakulam Main Branch Versus The Dewa Investors Association, Ernakulam, Represented By Its President Prince Joseph & Others High Court of Kerala
19-12-2018 The Refugee Appeal Board of South Africa & Others Versus Paul Joseph Mutombo Mukungubila Supreme Court of Appeal of South Africa
14-12-2018 Suriyur Vivasayigal Pathukappu Sangam, Rep. by its President, T. Ramaraj, Trichy Versus LA Bottlers Private Ltd., Represented by its Managing Director, Joseph Francis, Thiruchirappalli & Others Before the Madurai Bench of Madras High Court
13-12-2018 Stella Joseph & Another Versus The Regional Passport Officer, Regional Passport Office, Bengaluru & Others High Court of Kerala
13-12-2018 K.A. Joseph, Kannur District & Another Versus South Indian Bank Ltd, Kannur & Another Debts Recovery Tribunal Ernakulam
29-11-2018 Alphonsa Joseph and Others V/S Anand Joseph High Court of Kerala Ernakulam Bench
30-10-2018 Tomy Joseph Versus Smitha Tomy High Court of Kerala