Ajmal Abdulla vs State Of Kerala

K.Haripal, J

These are applications filed under Section 439 of the Code of Criminal Procedure and in all these applications, petitioner is one and the same. In all

the cases, he has been implicated in different crimes of Parappanangadi Police Station, Malappuram District, registered alleging offence under Section

420 of the Indian Penal Code and also under Sections 3 read with 21 and 5 read with 23 of the Banning of Unregulated Deposit Schemes Act, 2019

(BUDS Act) and Section 5 of the Kerala Protection of Interests of Depositors in Financial Establishment Act, 2013.

2. The allegations in the crimes are on the same lines. In four cases, it is alleged that he had obtained various amounts from different persons

offering them profit in the jewellery that is run by him; in one case, 88 sovereigns of gold was obtained by him with very same offer and he did not

keep the promises. He was arrested in one case on 18.04.2021 and formal arrest has been recorded in all the remaining cases.

3. According to the learned counsel for the petitioner, all such incidents had happened in one or two months prior to the date of arrest. He is a

bonafide jeweller and he has no intention to commit any act of deceit. He could not meet the promises owing to adverse situation arose due to the

spread of covid. Whatever it may be, he is in custody for the last 76 days.

The investigation is in advanced stage and what remains is only to file the final report.

4. In the circumstances, continued detention of the petitioner is not warranted and he shall be released on bail subject to the following conditions:-

i)Â The petitioner shall execute separate bonds for Rs.1,00,000/- (Rupees One Lakh only), in each crime with two solvent sureties each for the like sum to the

satisfaction of the jurisdictional court;

ii)Â He shall surrender his passport within ten days from the date of release on bail before the jurisdictional court. If he does not possess a passport, an undertaking

shall be filed to that effect.

iii)Â He shall not try to contact or influence the witnesses or tamper with the evidence;

iv)Â He shall not involve in any crime during the bail period;

v)Â He shall appear before the investigating officer/trial court as and when required;

vi)Â The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake

of Covid 19 pandemic;

vii)Â If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

These bail applications are allowed as above.