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2025 Supreme(Online)(Ker) 53077

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
BIJU KAREEM – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13615 OF 2025|CRIME NO.678/CB/TSR/R/2023



Advocates:
For the Appellants/Petitioners: SRI.RAJIT, SRI.AJAIY BASKAR
For the Respondents: SRI.GRACIOUS KURIAKOSE, SRI.C.K SURESH, SRI.N.L BITTO

Anticipatory bail denied due to serious fraud allegations involving conspiracy, misappropriation, and the necessity for custodial interrogation to ensure effective investigation.

Headnote:(A) Indian Penal Code - Sections 406, 409, 420, 465, 468, 471, 423, 120B, and 477A; Prevention of Corruption Act, 1988 - Section 13(1)(c)(d) r/w Section 13(2); Prevention of Corruption (Amendment) Act, 2018 - Section 13(1)(a) r/w Section 13(2) - Anticipatory bail application dismissed for serious allegations involving a conspiracy to defraud the Bank by the accused, misappropriating ₹3 crore through forged loan applications and undue enrichment from fraudulent activities. (Paras 1-10)

(B) Legal principles - Prima facie evidence of serious fraud necessitating custodial interrogation; bail not to be granted in cases undermining public trust in financial institutions. (Paras 5, 9)

Facts of the case:
The petitioners, office bearers of the Karuvannur Service Co-operative Bank, allegedly colluded to defraud a complainant by wrongfully processing loan applications and forging documents, securing loans far beyond those actually requested.

Findings of Court:
The court found the accusations of fraud substantial, necessitating further investigation and hindering bail to maintain trust in cooperative banking.

Issues: The court examined whether the allegations warranted anticipatory bail, considering the severity of the crimes and the necessity for custodial investigation.

Ratio Decidendi: The court held that the serious nature of the fraud committed, alongside potential hindrance to ongoing investigations, justified denial of anticipatory bail.

Result: Bail application dismissed.

Table of Content
1. allegations of fraud involving bank loans (Para 1 , 3 , 4)
2. court's assessment of seriousness and necessity for investigation (Para 2 , 7 , 9)
3. petitioners argue against necessity of arrest (Para 5 , 6)
4. opposition from complainant's counsel regarding bail (Para 8)
5. bail application dismissed (Para 10)

O R D E R

Dated this the 25th day of November, 2025 This is an application for anticipatory bail moved by accused Nos.1 to 3 as well as accused Nos.21 and 22 in Crime No.678/CB/TSR/R of 2023 of Crime Branch Economic Offences Wing, Thrissur.

2. Heard the learned counsel for the petitioners as well as the learned Additional Director General of Prosecution (ADGP) appearing for the prosecution. Also heard Adv.N.L.Bitto, the learned counsel appearing for the additional 2nd respondent/defacto complainant. Perused the relevant records.

3. Here, the prosecution alleges commission of offences punishable under Sections 406 , 409, 420, 465, 468, 471, 423, 120B and 477A r/w Section 34 of the Indian Penal Code (hereinafter referred to as ‘ IPC ’) as well as under Section 13 (1)(c)(d) r/w (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘PC Act, 1988’) and under (1)(a) r/w 13(2) of the Prevention of Corruption (Amendment) Act, 2018 (hereinafter referred to as ‘PC (Amendment) Act, 2018 by the accused persons.

4. There are 22 accused persons in this case, as per the report of the Investigating Officer. The allegation of the prosecution, as could be seen from the report filed by the Deputy Superintendent of Police, Crime Branch, Thrissur, dated 18.11.2025 and the prosecution records, is that, accused Nos.1 to 3, the office bearers of the Karuvannur Service Co-operative Bank, after hatching conspiracy with the 2nd accused and the other accused persons, viz., accused Nos.4 to 20 and accused Nos.21 and 22 who are the wives of accused Nos.1 and 3 respectively, with intention of cheating the complainant and the Bank, falsely assured the complainant that they would arrange a loan to clear the liability pending in connection with the agreement to purchase properties that were owned by the wives of accused Nos.1 and 3, fraudulently mortgaged the properties with the aid of forged records and obtained ₹3 crore as loan, as against ₹1.25 Crore applied by the complainant, his wife and three other relatives. The specific case is that the complainant, his wife and three other relatives submitted five loan applications before the Karuvannur Service Co- operative Bank, requesting loan of ₹25 lakh each. Out of which accused Nos.1 to 3 and other accused hatched conspiracy and neglected to process the loan application put in by the complainant. While acting upon the other four loan applications submitted for ₹25 lakh each, accused Nos.1 to 22 fraudulently suppressed original loan applications and forged loan applications in their names showing the loan amount as ₹50 lakh each instead of ₹25 lakh each. Apart from that, accused Nos.1 to 3, without the knowledge or consent of a friend of the 1st accused and his wife wlong with whom he had studied, fraudulently created loan files after forging loan applications in their names also. Thereby six loans to the tune of ₹50 lakh each were sanctioned and encashed by fraudulent means and thereby misappropriated ₹3 crore by the accused. The prosecution alleges that accused Nos.1 to 3 were the staff members of the Bank, and accused Nos.4 to 20 were the Director Board Members of the Bank during the relevant period. During investigation, it has been revealed that the 21st accused, Smt.Jitha, W/o. Biju M.K.(1st accused) and the 22nd accused, Smt.Sreelatha, W/o.Jilse C.K. (3rd accused), who were the owners of 3.79 acres of landed property as per document No.2639/12, 2940/12 and 2641/12 situated in Kottanellur Village under Vadakkekara SRO, entered into a property sale agreement with the complainant on 31.12.2013 fixing the sale price of the landed property as ₹1,38,000/- per cent,

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