Monson Mavunkal Case: Kerala High Court Allows Anticipatory Bail Plea Filed By Congress MP K.Sudhakaran, Ex-DIG S. Surendran

The Kerala High Court on Wednesday allowed the anticipatory bail applications filed by former DIG S Surendran and MP, President of Kerala Pradesh Congress Committee K. Sudhakaran, in the case pertaining to their alleged involvement in the cheating case involving controversial antique dealer Monson Mavunkal.

The Single Judge Bench of Justice Ziyad Rahman A.A. made its interim order granting them anticipatory bail absolute.

The cheating case against Mavunkal was registered on September 23, 2021, on the complaint of certain persons alleging cheating of Rs. 10 Crores on the false promise to return the amount. It was also alleged that the accused had deceived the complainants by showing them false statements on his account.

Petitioners herein were alleged to have been present when the amount was handed over to Mavunkal. They were accordingly, booked for the offences under Sections 468 ('Forgery for purpose of cheating'), 471 ('Using as genuine a forged document or electronic record'), and 420 ('Cheating and dishonestly inducing delivery of property') of the IPC.

Today, Court was informed that both Surendran and Sudhakaran had surrendered before the Investigating Officer in compliance with the directions issued by the Court, and that they had been interrogated.

"When considering the entire facts and circumstances, and also in view of the fact that the interrogation of the petitioners is already over, I am of the view that the interim bail granted can be made absolute, subject to the condition that the petitioners shall continue to cooperate with the investigation by making themselves available for interrogation," the Court observed. 

The Court had earlier issued an interim order directing the petitioners to surrender before the Investigating Officer on the basis of a notice already issued to them under Section 41A Cr.P.C. The Court had further directed that the petitioners ought to be released on bail in the event of their arrest, on execution of a bond of Rs. 50,000/-. 

The bail applications were thus disposed of, on taking note that the interrogation of the petitioners was already over in the matter. 

As regards the bail application filed by the Inspector General of Police, Gugulloth Lakshman, the Court took note of the submission made by the counsel that notice had been issued to the officer. It accordingly directed that the previous interim order would be extended till the next date of posting. 

Case Title: S. Surendran v. State of Kerala and K. Sudhakaran v. State of Kerala 

Citation: 2023 LiveLaw (Ker) 363

Case Numbers: Bail Appl. 5100/ 2023 and Bail Appl. 4804/ 2023

Counsel for the Petitioner in Bail Appl. 5100/ 2023: Senior Advocate S. Sreekumar, and Advocates P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, R. Githesh, Ajay Ben Jose, Manjunath Menon, Sachin Jacob Ambat, Anna Linda Eden, and Harikrishnan S. 

Counsel for the Petitioner in Bail Appl. 4804/ 2023: Senior Advocate S. Sreekumar, and Advocates Mathew A. Kuzhalnadan, Kuriakose Varghese, V. Shyamohan, Sradhaxna Mudrika, and George J. Nalappat.