Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 BAIL APPL. NO. 8041 OF 2022 CRIME NO.1892 of 2022 OF TOWN EAST POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.2: MUHAMMED FAIZAL AGED 41 YEARS S/O ABOOBACKER, PALAKKATHODI HOUSE, AMBALAKKADAVU, KALIKAVU P.O., MALAPPURAM DISTRICT., PIN - 676525 P.MOHAMED SABAH LIBIN STANLEY SADIK ISMAYIL SAIPOOJA R.GAYATHRI M.MAHIN HAMZA SAJITH BOSE RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER THRISSUR EAST POLICE STATION, THRISSUR DISTRICT, PIN - 680001 ADDL R3 SHIMSON AGED 28 YEARS, S/O LONAPPAN, VADAKKATHALA HOUSE, KALLUR, THRISSUR DISTRICT IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER IN CRL.MA NO.1/2022 DATED 23.12.2022 Abraham Mathan BY SMT.T V NEEMA, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.03.2023 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 BAIL APPL. NO. 8277 OF 2022 CRIME NO.893/2022 OF PERAMANGALAM POLICE STATION, THRISSUR PETITIONER/ACCUSED: DIVYA AGED 40 YEARS CHETTIKKATTIL HOUSE, NADAMURI, PARAKKAD, VELUTHUR, THRISSUR, KERALA, PIN - 680012 HARIKRISHNAN M.S. SHAKTHI PRAKASH K.DHRUV KUMAR RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER PERAMANGALAM POLICE STATION, THRISSUR, PIN - 680545 ADDL.R3. LIKHIL K.T. AGED 26 YEARS S/O THILAKARAJAN, KUNNATHULLY HOUSE, PARAPPUR, THRISSUR DISTRICT, PIN 680552. IS IMPLEADED AS PER ORDER DATED 23.12.2022 IN CRL.M.A NO.1/2022. ABRAHAM MATHAN T V NEEMA(SR PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01.03.2023 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 BAIL APPL. NO. 8325 OF 2022 CRIME NO.893/2022 OF PERMANGALAM POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.1: MUHAMMED FAIZAL AGED 41 YEARS S/O ABOOBACKER, PALAKKATHODI HOUSE, AMBALAKKADAVU, KALIKAVU P.O., MALAPPURAM DISTRICT, PIN - 676525 P.MOHAMED SABAH LIBIN STANLEY SADIK ISMAYIL R.GAYATHRI SAIPOOJA M.MAHIN HAMZA RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER PERAMANGALAM POLICE STATION, THRISSUR DISTRICT,, PIN - 680545 ADDL R3 LIKHIL KT AGED 26 YEARS S/O THILAKARAJAN, KUNNATHULLY HOUSE, PARAPPUR, THRISSUR DISTRICT IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 23.12.2022 IN CROL.M.A.NO.1/2022 ABRAHAM MATHAN T V NEEMA(SR PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01.03.2023 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 BAIL APPL. NO. 8884 OF 2022 CRIME NO.1161/2022 OF OLLUR POLICE STATION PETITIONER/:ACCUSED NO.4 MUHAMMED FAIZAL AGED 41 YEARS, S/O ABOOBACKER, PALAKKATHODI HOUSE, AMBALAKKADAVU, KALIKAVU P.O., MALAPPURAM DISTRICT, PIN - 676525 P.MOHAMED SABAH LIBIN STANLEY R.GAYATHRI SAIPOOJA SADIK ISMAYIL M.MAHIN HAMZA RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER OLLUR POLICE STATION, THRISSUR DISTRICT, PIN - 680360 3 BABURAJ, AGED 47 YEARS, S/O SUKUMARAN, KELASERRY HOUSE, NELLINJODU, MARATHAKKARA P.O, THRISSUR DISTRICT IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 23/12/2022 IN CRL.M.A.NO.1/2022 ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN P G MANU(SR PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01.03.2023 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 BAIL APPL. NO. 9523 OF 2022 CRIME NO.9523 OF 2022 OF GURUVAYOOR POLICE STATION PETITIONER/ACCUSED NO.1: MUHAMMED FAIZAL AGED 41 YEARS, S/O ABOOBACKER, PALAKKATHODI HOUSE, AMBALAKKADAVU, KALIKAVU P.O., MALAPPURAM DISTRICT, PIN - 676525 P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA NAVEENSON C.N. RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER GURUVAYOOR POLICE STATION, THRISSUR DISTRICT,, PIN - 680101 3 JISHNU S/O JAYAN, KAIPADA HOUSE, THAMARAYUR DESOM, POOKKODE VILLAGE, THRISSUR DISTRICTED IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN T V NEEMA(SR PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01.03.2023 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COMMON ORDER
Dated this the 1st day of March, 2023 [B.A.Nos.8041, 8277, 8325, 8884 & 9523 of 2022] B.A.No.8325/2022 is an application for anticipatory bail filed by the 1st accused in crime No.893/2022 of Peramangalam police station. B.A.No.8277/2022 is an application for anticipatory bail filed by the 4 th accused in the above crime.
2. The petitioner in B.A.No.8325/2022, who is arrayed
as 1st accused in crime Nos.772/2022 of Guruvayoor police station, 4th accused in crime No.1161/2022 of Ollur police station and 2nd accused in crime No.1892/2022 of Town East police station, Thrissur has filed B.A.Nos.9523/2022, B.A.No.8884/2022 and B.A.No.8041/2022.
3. Heard the learned counsel for the respective
petitioners as well as the learned counsel appearing for the defacto complainants, who got impleaded as additional respondents in these cases on their applications.
4. I have perused the case diary as such placed by the learned Public Prosecutor.
5. The prosecution case in crime No.893/2022 is that
under the head ‘Toll Deal Ventures LLP’ & ‘My Club Trade Services’, the accused herein received Rs.10,00,000/- from the defacto complainant with an offer to return 24% addition to the amount deposited. Thereafter, they have misappropriated the money as such without paying the profit or the principal sum as such.
6. In crime No.1892/2022 of Town East police station,
Thrissur, the allegation is one and the same, where the money involved is Rs.13,11,100/-. Similarly, in crime No.1161/2022 of Ollur police station, the allegation is one and the same and the money so collected would come to Rs.14,86,350/-. In crime No.772/2022 of Guruvayoor police station, the amount involved is Rs.1,00,000/- and the allegations are one and the same. Thus, in all these cases, the prosecution alleges commission of offences punishable under Sections 406 and 420 r/w. 34 of IPC.
7. Here, there are two petitioners, one is Muhammed
Faisal and the other is Divya. The learned counsel appearing for Muhammed Faisal would submit that Muhammed Faisal is innocent of the allegations and there are no materials in this case to connect him and his status is merely a close associates of the ‘Toll Deal Ventures LLP’ & ‘My Club Trade Services’. It is pointed out further that even though the defacto complainants would allege payment of money acting on the offer given by the Company, there are no materials collected during the investigation or otherwise to show that the respective defacto complainants either paid or deposited amount as alleged. Accordingly, it is submitted that Muhammed Faisal is innocent and he is liable to be released on anticipatory bail.
8. The learned counsel appearing for Divya, the 4th
accused in crime No.893/2022 of Peramangalam police station [in this crime alone, the 4th accused seeks anticipatory bail] submits that she also deposited money accepting the offer given by the so called companies and she also lost money. According to the learned counsel for Divya, as earlier on 14.08.2022, Divya lodged complaint before the Station House Officer, Anthikad, highlighting loss of money at her volition and therefore, Divya is innocent to the allegations and she has no complicity in the crime. Therefore, Divya deserves anticipatory bail, being an innocent lady.
9. Whereas the learned Public Prosecutor placed a report showing that there are multiple crimes against the petitioners and the crimes reported in the report are under:
1 Cr.No.203/22 of Mukkam police station u/s 406, 420 IPC. 2 Cr.No.30/22 Meenangadi police station u/s 420 IPC & Sec 3,4,5 of PCMCS (B) Act. 3 Cr. No.25/22 of Sulthan Batheri police station u/s 420 IPC & Sec 66 D of IT Act & Sec 3,3,4,5 of
PCMCS (B) Act. 4 Cr.No.335/22 of Sulthan Batheri police station u/s 406, 420 IPC & Sec. 3,4,5 of PCMCS(B) Act 3,6 r/w 21(1)(2)(3) of BUDS (B) Act. 5 Cr. No.530/21 of Alappuzha South police station u/s 406, 420 IPC & Sec. 4,5 of PCMCS(B) Act. 6 Cr. No.581/21 of Alappuzha South police station u/s 406, 420 IPC & Sec. 4,5 of PCMCS(B) Act. 7 Cr. No.589/21 of Alappuzha South police station u/s 406, 420 IPC & Sec. 4,5 of PCMCS(B) Act. 8 Cr. No.679/21 of Alappuzha South police station u/s 406, 420 IPC & Sec. 4,5 of PCMCS(B) Act. 9 Cr. No.680/21 of Alappuzha South police station u/s 406, 420 IPC & Sec. 4,5 of PCMCS(B) Act. 10 Cr.No.205/21 of Manjeswar police station u/s 420, 201, 204 IPC & Sec 3,4,5 of PCMCS (B) Act. 11 Cr No.1239/21 of Wadakkanchery police station u/s 406, 420 IPC. 12 Cr.No.511/21 of Puthukkad police station u/s 420 r/w 34 IPC. 13 Cr. No.894/22 of Kunnamkulam police station u/s 420 IPC. 14 Cr.No.444/22 of Kuthuparamba police station u/s 406, 420 r/w 34 IPC & Sec.66 D of IT Act & Sec 3, 4, 5 of PCMCS (B) Act. 15 Cr.678/21 of Nedupuzha police station u/s 406, 420, 34 IPC and 3 r/w 21 of Banning of Unregulated Deposit Schemes Act 2019. 16 Cr. 687/22 of Nedupuzha police station u/s 406, 420, 34 IPC. 17 Cr. 1202/21 u/s 406, 420, 34 IPC and 3 r/w 21 of Banning of Unregulated Deposit Schemes Act
2019 of Thrissur West police station 18 Cr. 1203/21 of of Thrissur West police station.u/s 406, 420, 34 IPC 19 Cr. 1204/21 of of Thrissur West police station. u/s 406, 420, 34 IPC 20 Cr. 1205/21 of of Thrissur West police station. u/s 406, 420, 34 IPC 21 Cr. 441/22 of of Thrissur West police station u/s 406, 420, 34 IPC 22 Cr. 1377/22 of of Thrissur West police station u/s 406, 420, 34 IPC 23 Cr. 1344/21 of Thrissur West police station u/s 406, 420, 34 IPC
10. It is pointed out by the learned counsel for the
defacto complainants that money was received directly and in crime No.893/2022, money was received by the 4th accused at her residence along with other accused. Therefore, the complicity of Divya along with the other accused in this matter is vivid and in such a case, anticipatory bail cannot be granted as the same would spoil and hamper the investigation.
11. It is to be noted that even though Divya seeks
anticipatory bail in crime No.893/2022 alone, as per the report placed in crime No.772/2022, Divya is arrayed as an accused in the said crime also on same sets of allegation.
12. Here, the petitioners seek relief of anticipatory bail,
a relief of absolute discretion to be exercised by this Court. On going through the allegations and the materials available, there is no reason to hold that prima facie the offences are not made out or the allegations as false. In such cases, arrest, custodial interrogation and investigation regarding the way in which the money was spent, and if necessary, to recover the same are essential part of investigation to have successful prosecution. Therefore, in these cases, anticipatory bail cannot be granted. Accordingly, these petitions stand dismissed. Sd/- A. BADHARUDEEN JUDGE nkr