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High Court of KeralaSingle JudgeAnticipatory bail granted for all Bail Appl Nos...

Antoney Devasia v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 7736 OF 2022; 7724 OF 2022; 7739 OF 2022; 7740 OF 2022; 7742 OF 2022; 7749 OF 2022; 7751 OF 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • VIJU ABRAHAM
Judgment Date
2022-10-21
Court Decision / Holding
Anticipatory bail applications in BA. Nos. 7736/2022, 7724/2022, 7739/2022, 7740/2022, 7742/2022, 7749/2022 and 7751/2022 are allowed. The petitioner is to surrender before the investigating officer on 27.10.2022 and remain available for interrogation on that or any other date. If arrested, he shall be produced before the jurisdictional court and released on bail subject to conditions: separate bonds of Rs. 50,000 with two solvent sureties per case, appearances before IO, non-interference with witnesses, restriction from leaving Kerala without permission, and refraining from involvement in other crimes. Violation may lead to cancellation of bail. The court notes the authority of police to continue investigations and make recoveries as necessary, even while on bail, citing Sushila Aggarwal.
Final Disposition
Anticipatory bail granted for all Bail Appl Nos. 7736/2022, 7724/2022, 7739/2022, 7740/2022, 7742/2022, 7749/2022 and 7751/2022

Parties to the Case

Appellants / Petitioners

  • Antoney Devasia

Respondents

  • State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. K. V. Sabu

Counsels for Respondents

  • • Smt. Seetha S. (Public Prosecutor)
  • • Sri M. C. Ashi (Public Prosecutor)
  • • Smt. Nima Jacob (Public Prosecutor)

Case Synopsis & Summary

These are applications for anticipatory bail arising from seven connected cases relating to seven Crime Nos. 42/CB/14, 41/CB/14, 43/CB/14, 44/CB/14, 126/CB/14, 45/CB/14 and 46/CB/14 investigated by Palarivattam Police and later transferred to the Crime Branch/Economic Offences Wing. The petitioner, Antoney Devasia, is alleged to have formed a private company M/s. Wismore Trading & Investment Consultancy Pvt Ltd, through which investors were promised returns higher than banks, leading to wrongful gains and alleged fraud. The prosecution contends a common intention to cheat and defraud and that the petitioner dealt with unlicensed activities during reinvestigation by the EOW. The petitioner contends the activities were legitimate investment/trading; he asserts there was prior custodial interrogation in 2013 and that custodial interrogation is not required now given the long lapse and cooperation. The Public Prosecutor opposes bail citing ongoing investigation and unlicensed dealings. The High Court, noting the long history since 2013, the earlier interrogation, and the lack of necessity for custodial interrogation at this stage, grants anticipatory bail in all connected applications subject to conditions: surrender on 27.10.2022, bond of Rs 50,000 per case with two sureties, appearance before IO, no influence on witnesses, no leaving Kerala without permission, and compliance with other terms; police empowered to continue investigation and recoveries.

Provisions of Law Cited

CrPC Section 438 (anticipatory bail)IPC Section 406IPC Section 409IPC Section 420IPC Section 34

Legal Doctrines & Maxims

  • Anticipatory bail doctrine under CrPC 438
  • Police power to investigate during bail (as supported by Sushila Aggarwal)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that he formed a private company, M/s. Wismore Trading & Investment Consultancy Pvt Ltd, with investors who subscribed to investment/ trading schemes. He asserts the activities were legitimate and that the company possessed no licencing violations; there is no need for custodial interrogation given the long lapse since 2013 and prior investigations. He seeks anticipatory bail on the grounds of cooperation and absence of necessity for custodial custody, subject to conditions.

Contentions of Respondents

The prosecution contends that the petitioner engaged in dealing without required licences and that the seven connected crimes involve offences under sections 406, 409 and 420 r/w 34 IPC; reinvestigation by the Economic Offences Wing is ongoing. It is argued that there is a possibility of influencing witnesses and evading investigations; hence bail should be denied or kept guarded. The prosecution opposes unconditional bail while acknowledging that custodial interrogation may not be strictly required given the age of the matters; however, it emphasizes continuing investigation.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another2020 (1) KHC 663Mentioned OnlyCited as supportive authority for police power to investigate and effect recoveries even when on bail; not treated as binding overrule or distinguishing authority.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 BAIL APPL. NO. 7736 OF 2022 ``` Crime No.42/CB/14/Ekm, of Tripunitura Ernakulam District, ## **`PETITIONER/ACCUSED:`** ``` ANTONEY DEVASIA, AGED 38 YEARS CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA, PIN – 688428. ``` ``` BY ADV K.V.SABU ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 ``` ## **`OTHER PRESENT:`** ``` PP - SMT. SEETHA S. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.10.2022, ALONG WITH Bail Appl..7724/2022, 7739/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 BAIL APPL. NO. 7724 OF 2022 ``` Crime No.41/CB/14/Ekm of Tripunitura Ernakulam District, ## **`PETITIONER/ACCUSED:`** ``` ANTONEY DEVASIA, AGED 38 YEARS CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA, PIN - 688428 BY ADV K.V.SABU ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` PP SRI.M.C.ASHI ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 BAIL APPL. NO. 7739 OF 2022 ``` Crime No.43/CB/14/Ekm of Tripunitura Ernakulam District, ## **`PETITIONER/ACCUSED:`** ``` ANTONEY DEVASIA, AGED 38 YEARS CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA, PIN – 688428. ``` ``` BY ADV K.V.SABU ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031. ``` ``` PP SMT.NIMA JACOB ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 4 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 BAIL APPL. NO. 7740 OF 2022 ``` Crime No.44/CB/14/Ekm of Tripunitura Ernakulam District, ## **`PETITIONER/ACCUSED:`** ``` ANTONEY DEVASIA, AGED 38 YEARS CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA, PIN – 688428. ``` ``` BY ADV K.V.SABU ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031. ``` ``` PP SMT.NIMA JACOB ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 5 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 BAIL APPL. NO. 7742 OF 2022 ``` Crime No.126/CB/14/Ekm of Tripunitura Ernakulam District, ## **`PETITIONER/ACCUSED:`** ``` ANTONEY DEVASIA, AGED 38 YEARS CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA, PIN – 688428. ``` ``` BY ADV K.V.SABU ``` ## **`RESPONDENT/COMPLAINANT :`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. ``` ``` PP SRI.M.C.ASHI ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 6 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 BAIL APPL. NO. 7749 OF 2022 ``` Crime No.45/CB/14/Ekm of Tripunitura Ernakulam District, ## **`PETITIONER/ACCUSED:`** ``` ANTONEY DEVASIA AGED 38 YEARS CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA, PIN - 688428 BY ADV K.V.SABU ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031. ``` ``` PP SMT.NIMA JACOB ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 7 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` FRIDAY, THE 21[ST] DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 BAIL APPL. NO. 7751 OF 2022 ``` Crime No.46/CB/14/Ekm of Tripunitura Ernakulam District, ## **`PETITIONER/ACCUSED:`** ``` ANTONEY DEVASIA AGED 38 YEARS CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA, PIN - 688428 BY ADV K.V.SABU ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031. ``` ``` PP SRI.M.C.ASHI ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 8 ## VIJU ABRAHAM, J BA Nos.7736, 7724, 7739, 7740, 7742, 7749 & 7751 of 2022 st Dated this the 21 day of October 2022 O R D E R These are applications for anticipatory bail. 2. In all these bail applications petitioner is the accused in Crime Nos.947/2013, 927/2013, 949/2013, 954/2013, 471/2014, 955/2013 and 956/2013 of Palarivattam Police Station and later transferred to the Crime Branch for investigation as Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm, 43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm and 46/CB/14/Ekm of Tripunitura Ernakulam District, alleging commission of offences punishable under Sections 406, 409 and 420 r/w Section 34 of the Indian Penal Code. All these crimes are initially registered by the Palarivattam Police in the year 2013 3. The prosecution case is that the petitioner with a common intention to deceive and defraud the complainant and ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 9 thereby obtaining wrongful gain, induced the complainant to deposit amount in the accused company with a promise that the complainant would get more interest than the interest provided by the banks. After that the accused willfully abstained from giving any share of the profit or return back the money as agreed and thereby the accused has committed the aforesaid offences. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The case of the petitioner is that he had formed a private company for trading and investment consultancy, in the name of M/s.Wismore Trading & Investment Consultancy Pvt Ltd. Annexure-A1 is the Memorandum of Association, Annexure-A2 is the Articles of Association and Annexure-A3 is the Certificate of Incorporation dated 03.06.2011. The learned counsel for the petitioner submitted that the persons who are interested in trading by investment to the shares and currency market invested the money through the petitioner’s company ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` **==> picture [99 x 9] intentionally omitted <==** and the defacto complainant and others have also invested money in the company. Agreements were also executed between the defacto complainants and the company. Soon after the formation of the company, it had enormous development within a short term and the said development made rivals in the business circle and thereafter complaint was preferred before the Palarivattam Police Station. Two crimes were registered by the Palarivattam Police Station as Crime No.847/2013 and Crime No.,851/2013. Petitioner was granted 10 days police custody by the learned Magistrate and after the custody, he was granted bail in both the cases. The learned counsel further submitted that the crime is in the year 2013 and in Crime No.847/2013 and 851/2013 he was granted 10 days police custody and was thoroughly interrogated. It is further submitted that further custody of the petitioner is not required for the purpose of re-investigation. Petitioner submitted that he is ready and willing to co-operate with the investigation. ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 11 6. The learned Public Prosecutor opposed the application for bail and submitted that it is true that the crime is registered by the Palarivattam Police in the year 2013 and thereafter in 2014 the above cases were transferred to the Crime Branch. On 4.9.2022, all these cases were transferred to Economic Offences Wing, Ernakulam Unit for reinvestigation as per order dated 19.07.2022. The investigation so far revealed that the petitioner is dealing with the said company without having any valid licence. 7. Considering the facts and circumstances of the case and taking note of the fact that the crimes are registered as early as on 2013 and that the petitioner is thoroughly interrogated in two crimes earlier, I am of the opinion that custodial interrogation of the petitioner is not required for the purpose of the investigation, I am inclined to grant anticipatory bail to the petitioner. In the result, the bail applications are allowed. Petitioner shall surrender before the investigating officer in ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 12 Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm, 43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm and 46/CB/14/Ekm of Tripunitura Ernakulam District, on 27.10.2022 at 11 am and make himself available for interrogation on that or any other day/s as directed by the investigating officer. It is directed that in the event of arrest of the petitioner in Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm, 43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm and 46/CB/14/Ekm of Tripunitura Ernakulam District, he shall be produced before the Jurisdictional Court on the same day and shall be released on bail subject to the following conditions:- (i) The petitioner shall execute a separate bond in each case for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court, (ii) The petitioner shall appear before the ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 13 investigating officer in Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm,43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm and 46/CB/14/Ekm of Tripunitura Ernakulam District, as and when called for, (iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm, 43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm and 46/CB/14/Ekm of Tripunitura Ernakulam District, (iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court, - (v) The petitioner shall not involve in any ``` BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022 BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022 BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 & BAIL APPL. NO. 7751 OF 2022 ``` 14 other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in above mentioned crimes may file an application before the jurisdictional Court, for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663). sd/- VIJU ABRAHAM, JUDGE R.AV