REGHUNATH.P.MENON v. STATE OF KERALA

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 STATION HOUSE OFFICER, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT, PIN - 680001 THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH,EOW,THRISSUR AYYAHOLE,THRISSUR DISTRICT, PIN - 680003 OTHER PRESENT: SMT.NEEMA T.V SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Application No. 10151 of 2023 2 C.S.DIAS,J ====================== Bail Application No. 10151 of 2023 ----------------------------------- Dated this the 5th   day of January, 2024 O R D E R The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sixth accused  in Crime No.22/2023 of the Kunnamkulam Police Station, Thrissur, registered against the accused for allegedly committing the offences punishable under Secs.406 and 420 of the Indian Penal Code and Sec.3 read with Sec.21 and Sec.5 read with Sec.23 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act). The petitioner was arrested on 9.10.2023. Bail Application No. 10151 of 2023 3

2. The prosecution case is that the accused 1 to 6 were Directors of a company named, Safe and Strong Business Consultancy Private Ltd. They have violated the provisions of the BUDS Act by receiving an amount of Rs.7,00,000/- from the defacto complainant and Rs.1,00,000/- from her husband and, thereafter, cheated them by not repaying the said amount. Thus, the accused have committed the above offences.

3. Heard; Sri.M.P.Vijayan, the learned counsel appearing for the petitioner and Smt.Neema T.V. the learned Public Prosecutor appearing for the respondents. Bail Application No. 10151 of 2023 4

4. The learned counsel appearing for the petitioner submitted that the petitioner is absolutely innocent of the accusations levelled against him. He has no direct involvement in receiving the deposits from the defacto complainant. The petitioner has been falsely implicated in the crime. At any rate, the petitioner has been in judicial custody for the last more than eighty nine days. The petitioner is, at any rate, entitled to be released on statutory bail on 9.1.2024. Hence the application may be allowed.

5. The learned Public Prosecutor opposed the application and submitted that there are forty cases registered against the petitioner and the other Directors of the company. The investigation is not complete. She also submitted that the present investigation is Bail Application No. 10151 of 2023 5 being conducted by the Crime Branch. There is a writ petition filed before this Court to transfer the investigation to the Central Bureau of Investigation. Therefore, letting off the petitioner on bail at this stage would hamper the investigation. Hence, the application may be dismissed.

6. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that the petitioner has been in judicial custody since 9.10.2023 and his further detention is unnecessary, I am of the definite view that the petitioner is to be released on bail. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh Bail Application No. 10151 of 2023 6 only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every alternate Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; Bail Application No. 10151 of 2023 7 (iii)  The petitioner shall  not  directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing  such facts  to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iv) The petitioner shall not commit any offence while he is  on bail; (v) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond.  If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; Bail Application No. 10151 of 2023 8 (vi) The petitioner shall furnish his present address as well as  his permanent address and mobile phone number to the court below and the Investigating Officer. (vii) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail,  if any filed, and pass orders on the same, in accordance with law. Applications for deletion/modification of the bail conditions shall also be filed before the court below. (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter  and, if necessary, to  effect recoveries on the information, if any, given by the Bail Application No. 10151 of 2023 9 petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663]. SD/- sks/5.1.2024 C.S.DIAS, JUDGE Bail Application No. 10151 of 2023 10 APPENDIX OF BAIL APPL. 10151/2023 PETITIONER ANNEXURES Annexure A1 Annexure A2 ANNEXURE A1 - ORDER IN CRL.M.C. NO.5448/2023 DATED 21-10-2023 ON THE FILE OF THIRD ADDITIONAL SESSIONS COURT TRISSUR. TRUE PHOTOCOPY OF THE AGREEMENT DATED 16- 12-2019 BETWEEN THE FIRST ACCUSED AND THE PETITIONER