SHOBY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(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 1/2 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.