JERRY EASOW OOMMEN Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Sec. 438 of the Code of Criminal Procedure 1973, seeking pre-arrest bail.

(2.) In BA No.5719/2023, the petitioner is the second accused in crime No.827/2023 of Pathanamthitta police station. The allegation against the petitioner is that the first accused had sanctioned loans totalling Rs.86,12,19,569.50 in total violation of all the rules and regulations and has caused loss to the Society. A complaint was preferred by the Joint Registrar of Co-operative Societies.

(3.) The learned counsel for the petitioner submits that the allegation of misappropriation is found against the Secretary in the proceedings of the Registrar under Sec. 65 of the Kerala Cooperative Societies Act and rules. The allegation that the loan was granted outside the territorial jurisdiction of the Society is factually wrong. A reading of the enquiry proceedings clearly showed that at the most the charge against the petitioner can only be the mal-administration and not a case of misappropriation, the petitioner's medical condition as evident from the records is such that he cannot abscond as he is regularly undergoing dialysis. It is also argued that the committee is superseded, which virtually prevents the petitioner from having anything to do with the bank. Under such circumstances, it is argued that a custodial interrogation is not required at all and that he is prepared to cooperate with the investigation.