✦ High Court of India · 03 Apr 2025

BY AD vs K.K.DHEERENDRAKRISHNAN

Case Details High Court of India · 03 Apr 2025

Court

High Court of India

Decided

03 Apr 2025

Bench

P V KUNHIKRISHNAN

Length

3,834 words

Acts & Sections

Banning of Unregulated Deposit Schemes Act 2019 Indian Penal Code §21 Indian Penal Code §406

Cited in this judgment

2014 (8) SCC 273

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.HRITHWIK.C.S, SR..PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4215 OF 2025 CRIME NO.385/2025 OF North Paravur Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED 20.03.2025 IN CRMC NO.772 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 Bail Appl. Nos.4212/2025 & c.cases 6 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENTS/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4216 OF 2025 CRIME NO.354/2025 OF Ernakulam Central Police Station AGAINST THE ORDER/JUDGMENT DATED 20.03.2025 IN CRMC NO.795 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON RJ AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 Bail Appl. Nos.4212/2025 & c.cases 8 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4217 OF 2025 CRIME NO.373/2025 OF Ernakulam Central Police Station AGAINST THE ORDER/JUDGMENT DATED 20.03.2025 IN CRMC NO.805 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 RJ ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R. J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 Bail Appl. Nos.4212/2025 & c.cases 10 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 SRI.NOUSHAD.K.A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 11 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4218 OF 2025 CRIME NO.374/2025 OF Ernakulam Central Police Station AGAINST THE ORDER/JUDGMENT DATED 22.03.2025 IN CRMC NO.806 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R. J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON RJ AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 Bail Appl. Nos.4212/2025 & c.cases 12 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.NOUSHAD.K.A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 13 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4227 OF 2025 CRIME NO.388/2025 OF Ernakulam Central Police Station PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, KERALA, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 14 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 SRI.NOUSHAD.K.A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 15 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4229 OF 2025 CRIME NO.392/2025 OF Ernakulam Central Police Station PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 16 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.NOUSHAD.K.A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 17 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4230 OF 2025 CRIME NO.393/2025 OF Ernakulam Central Police Station PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 18 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.NOUSHAD.K.A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 19 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4231 OF 2025 CRIME NO.394/2025 OF Ernakulam Central Police Station PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 20 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.HRITHWIK.C.S, SR..PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 21 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4232 OF 2025 CRIME NO.396/2025 OF Ernakulam Central Police Station PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 22 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.HRITHWIK.C.S, SR..PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 23 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4234 OF 2025 CRIME NO.398/2025 OF Ernakulam Central Police Station PETITIONERS/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 24 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 25 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4235 OF 2025 CRIME NO.401/2025 OF Ernakulam Central Police Station PETITIONER S / ACCUSED NOS.1 TO 4 : 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 26 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 27 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4236 OF 2025 CRIME NO.405/2025 OF Ernakulam Central Police Station PETITIONERD/ACCUSED NOS.1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R. J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE Bail Appl. Nos.4212/2025 & c.cases 28 RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 29 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4489 OF 2025 CRIME NO.256/2025 OF Ernakulam Central Police Station PETITIONER/ACCUSED: R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI.NOUSHAD.K.A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 30 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4492 OF 2025 CRIME NO.281/2025 OF Ernakulam Central Police Station AGAINST THE ORDER/JUDGMENT DATED 24.03.2025 IN CRMC NO.1023 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/ACCUSED 1 TO 4: 1 2 3 4 R.J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOSEPH AGED 57 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOHNSON R.J AGED 55 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 JOBY R J AGED 50 YEARS S/O JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM,ERNAKULAM, PIN - 683515 Bail Appl. Nos.4212/2025 & c.cases 31 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.HRITHWIK.C.S, SR..PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 32 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4494 OF 2025 CRIME NO.326/2025 OF Ernakulam Central Police Station AGAINST THE ORDER/JUDGMENT DATED 26.03.2025 IN CRMC NO.739 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/ACCUSED 1 TO 4: 1 2 3 4 R J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOSEPH AGED 57 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE,PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOHNSON AGED 55 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R. J JOBY AGED 50 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM ERNAKULAM, PIN - 683515 Bail Appl. Nos.4212/2025 & c.cases 33 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENT/SrRW: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 34 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4495 OF 2025 CRIME NO.327/2025 OF Ernakulam Central Police Station AGAINST THE ORDER/JUDGMENT DATED 26.03.2025 IN CRMC NO.740 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/ACCUSED 1 TO 4: 1 2 3 4 R J ANTONY AGED 58 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOSEPH AGED 57 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE,PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOHNSON AGED 55 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM, ERNAKULAM, PIN - 683515 R J JOBY AGED 50 YEARS S/O R K JOSEPH, RANDUTHAIKKAL HOUSE, PALLIPURAM,ERNAKULAM, PIN - 683515 Bail Appl. Nos.4212/2025 & c.cases 35 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA D.FEROZE RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 SRI.G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.04.2025, ALONG WITH Bail Appl..4212/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. Nos.4212/2025 & c.cases 36 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A. No.4212, 4213, 4215, 4216, 4217, 4218, 4227, 4229, 4230, 4231, 4232, 4234, 4235, 4236, 4489, 4492, 4494 & 4495 of 2025 ---------------------------------------------- Dated this the 03rd day of April, 2025 ORDER These Bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 are connected and therefore, I am disposing these bail applications by a common order.

2. Petitioners are the accused in Crime Nos.336/2025, 339/2025, 354/2025, 373/2025, 374/2025, 388/2025, 392/2025, 393/2025, 394/2025, 396/2025, 398/2025, 401/2025, 405/2025, 256/2025, 281/2025, 326/2025 & 327/2025 of Ernakulam Central Police Station and Crime No.385/2025 of North Paravur Police Station. The above cases are registered inter alia under Sections 406 & 420 r/w 34 of the IPC and also under Section 21 of the Banning of Unregulated Deposit Schemes Act, 2019 (for short 'BUDS Act'). Bail Appl. Nos.4212/2025 & c.cases 37

3. The prosecution case is that, the accused herein are the Managing Partners and Directors of Athira Gold and Silk, High Court Junction. It is alleged that the accused induced the defacto complainants in these cases to invest money in their business. The accused assured the defacto complainants that the invested amount would yield profits. Relying on the assurance of the accused persons, the defacto complainants in these cases deposited huge amount. But, the accused failed to return either the promised profit or the invested amount.

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

5. The counsel for the petitioners submitted that the petitioners were arrested in crime No.222/2025 of Ernakulam Central Police Station. The police filed a remand report, in which two of these cases were mentioned. But, the arrest was not recorded in those cases. Accordingly, the petitioners were released on bail after two days. The counsel also submitted that the petitioners are ready to co-operate with the investigation and they are ready to abide any condition imposed by this Court, if this court grant them bail. Bail Appl. Nos.4212/2025 & c.cases 38

6. The Public Prosecutor opposed the bail application.

7. The Public Prosecutor submitted that huge amount is misappropriated by the petitioners after collecting the same from the different victims. There are about 23 cases registered against the petitioners as on today. Public Prosecutor submitted that the custodial interrogation of the petitioners is necessary.

8. After hearing both sides, I think, there can be a direction to the petitioners to surrender before the Investigating Officer and the Investigating Officer can interrogate the petitioners. In these cases, the arrest can be recorded only in exceptional cases, that also for sufficient reasons. If the arrest of the petitioners is necessary, the Investigating Officer shall strictly follow the principle laid down by the Apex Court in Arnesh Kumar v. State of Bihar and Another [2014 (8) SCC 273]. Therefore, these bail applications are disposed of with the following directions.

1. The petitioners will surrender before the Investigating Officer within four weeks from today. Bail Appl. Nos.4212/2025 & c.cases 39

2. If the petitioners surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioners. The Investigating Officer is free to ask the petitioners to appear continuously on three consecutive days, if necessary, but they shall not be arrested, till interrogation is over.

3. If the Investigating Officer feels that the arrest is inevitable, even after interrogation, the Investigating Officer shall follow the principle laid down by the Apex Court in Arnesh Kumar's case (supra) and shall produce the accused before the jurisdictional court on the date on which the arrest is recorded.

4. The petitioners are free to file bail application before the jurisdictional court at the time of producing them as directed above. If such a bail application is filed with Bail Appl. Nos.4212/2025 & c.cases 40 advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself. While deciding the bail application, jurisdictional court shall scrupulously consider whether the Investigating Officer followed the principle laid down by the Apex Court in Arnesh Kumar's case (supra). sd/- P.V.KUNHIKRISHNAN JUDGE JV

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.HRITHWIK.C.S, SR..PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

6. The Public Prosecutor opposed the bail application.

1. The petitioners will surrender before the Investigating Officer within four weeks from today. Bail Appl. Nos.4212/2025 & c.cases 39

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