T.A. Kishore vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are accused Nos.3 and 4 in Crime No.433 of 2019 of Ollur Police Station registered for the offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code, 1860 and also under Sections 4, 5, 12, 18 r/w 76 and 76(2) of the Chit Funds Act, 1982.

The prosecution case is that, petitioners, who are the Managing Director and Director of the first accused company, had collected large sums of money from the defacto complainant and others under a chitty scheme started by them in 2013 and thereafter committed default in repayment of the chitty amount to the subscribers and thereby committed the offences alleged against them.

Sri.Ramesh Chander, the learned Senior Counsel duly instructed by Sri.Rapheeque C.K., submitted that petitioners were granted pre-arrest bail by this Court, as well as Sessions Court in similar crimes before other police stations, after prima facie observing that the offences alleged are civil in nature. However, as far as the present crime is concerned, even before petitioners could move for pre-arrest bail, the Police arrested them on 25.06.2022. The learned Senior Counsel submitted that, even if the entire allegations are admitted, the same will only reveal offences of a civil nature and that continued detention of the petitioners would not serve any purpose.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that altogether 91 cases have been registered against the petitioners before the very same police station and that releasing them on bail would prejudice the prosecution case, even though the investigation has been completed and the final report filed.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioners with the crime. However, since petitioners were remanded to judicial custody on 25.06.2022, I am of the view that the continued detention of the petitioners are not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioners are entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall co-operate with the trial of the case.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.

(d) Petitioners shall not commit any similar offence while they are on bail.

(e) Petitioners shall not leave the country without the permission of the jurisdictional Court and if the passports have already been surrendered, they shall file an affidavit to that effect before the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.