Antony Sunny v. State of Kerala

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** ## **BAIL APPL. NO. 9397 OF 2023** **CRIME NO.35/2023 OF MUKKOM POLICE STATION, KOZHIKODE** **AGAINST THE ORDER/JUDGMENT CRMC 1621/2023 OF ADDITIONAL DISTRICT COURT &** **SESSIONS COURT - IV, KOZHIKODE / III ADDITIONAL MACT, KOZHIKODE PETITIONER/ACCUSED:** **ANTONY SUNNY AGED 40 YEARS S/O. SUNNY V.A., VELLARA HOUSE, NAYARANGADI, JAMANANGAD, VADAKKEKAD, THRISSUR, PIN - 679563** **BY ADVS. P.SANJAY RAHUL RAJ P. A.PARVATHI MENON MUHAMMED BILAL.V.A PAUL VARGHESE (PALLATH) MEERA R. MENON** ## **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031** **THROUGH INSPECTOR OF POLICE, MUKKOM POLICE STATION CRIME BRANCH, KOZHIKODE** **OTHER PRESENT:** **SMT. T.V. NEEMA, SR.PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH BAIL APPL.9401/2023 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **BAIL APPL. NOS.9397, 9401, 9405, 9407, 9409 & 9412 of 2023** **2** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **BAIL APPL. NO. 9401 OF 2023** **CRIME NO.35/2023 OF VALAYAM POLICE STATION, KOZHIKODE** **AGAINST THE ORDER/JUDGMENT CRMC 1622/2023 OF ADDITIONAL DISTRICT COURT &** **SESSIONS COURT - V, KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE PETITIONER/S:** **ANTONY SUNNY AGED 40 YEARS S/O. SUNNY V.A., VELLARA HOUSE, NAYARANGADI, JAMANANGAD, VADAKKEKAD, THRISSUR, PIN - 679562** **BY ADVS. P.SANJAY A.PARVATHI MENON PAUL VARGHESE (PALLATH) RAHUL RAJ P. MEERA R. MENON MUHAMMED BILAL.V.A** **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA THROUGH SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION CRIME BRANCH KOZHIKODE, PIN - 682031** **OTHER PRESENT:** **SRI. P.G. MANU (MAMMALASSERY), SR.PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH BAIL APPL.9397/2023 & CONNECTED CASES, THE COURT ON THE SAME DAY** **DELIVERED THE FOLLOWING:** B.A.Nos.9397/2023 & connected cases 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **BAIL APPL. NO. 9405 OF 2023** **CRIME NO.34/2023 OF PANTHEERANKAVU POLICE STATION, KOZHIKODE** **AGAINST THE ORDER/JUDGMENT CRMC 1623/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS** **COURT - V, KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE** **PETITIONER/S:** **ANTONY SUNNY AGED 40 YEARS S/O. SUNNY V.A., AGED 40 YEARS, VELLARA HOUSE, NAYARANGADI, JAMANANGAD, VADAKKEKAD, THRISSUR, PIN - 679562** **BY ADVS. P.SANJAY PAUL VARGHESE (PALLATH) A.PARVATHI MENON MUHAMMED BILAL.V.A RAHUL RAJ P. MEERA R. MENON** **RESPONDENT/S:** **STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, THROUGH SUB INSPECTOR OF POLICE, PANTHEERANKAVU POLICE STATION, KOZHIKODE, PIN - 682031** ## **OTHER PRESENT:** **SMT. T.V NEEMA, SR.PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH BAIL APPL.9397/2023 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.9397/2023 & connected cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **BAIL APPL. NO. 9407 OF 2023** **CRIME NO.77/2023 OF KAKKUR POLICE STATION, KOZHIKODE** **AGAINST THE ORDER/JUDGMENT CRMC 1624/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS** **COURT - V, KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE** ## **PETITIONER/S:** **ANTONY SUNNY AGED 40 YEARS S/O. SUNNY V.A., VELLARA HOUSE, NAYARANGADI, JAMANANGAD, VADAKKEKAD, THRISSUR, PIN - 679562** **BY ADVS. P.SANJAY PAUL VARGHESE (PALLATH) A.PARVATHI MENON MUHAMMED BILAL.V.A MEERA R. MENON RAHUL RAJ P.** ## **RESPONDENT/S:** **STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION CRIME BRANCH KOZHIKODE, PIN - 682031** ## **OTHER PRESENT:** **SMT. T.V. NEEMA, SR.PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH BAIL APPL.9397/2023 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.9397/2023 & connected cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **BAIL APPL. NO. 9409 OF 2023** **CRIME NO.5/2023 OF EDACHERRY POLICE STATION, KOZHIKODE** **AGAINST THE ORDER/JUDGMENT CRMC 1625/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS** **COURT - V, KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE** ## **PETITIONER/S:** **ANTONY SUNNY AGED 40 YEARS S/O. SUNNY V.A., VELLARA HOUSE, NAYARANGADI, JAMANANGAD, VADAKKEKAD, THRISSUR, PIN - 679562** **BY ADVS. P.SANJAY PAUL VARGHESE (PALLATH) A.PARVATHI MENON RAHUL RAJ P. MEERA R. MENON MUHAMMED BILAL.V.A** ## **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, THROUGH SUB INSPECTOR OF POLICE, EDACHERRY POLICE STATION CRIME BRANCH KOZHIKODE, PIN - 682031** ## **OTHER PRESENT:** **SMT. T.V NEEMA, SR.PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH BAIL APPL.9397/2023 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.9397/2023 & connected cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **BAIL APPL. NO. 9412 OF 2023** **CRIME NO.41/2023 OF PANTHEERANKAVU POLICE STATION, KOZHIKODE** **AGAINST THE ORDER/JUDGMENT CRMC 1626/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS** **COURT - V, KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE** **PETITIONER/S:** **ANTONY SUNNY AGED 40 YEARS S/O. SUNNY V.A., AGED 40 YEARS, VELLARA HOUSE, NAYARANGADI, JAMANANGAD, VADAKKEKAD, THRISSUR, PIN - 679562** **BY ADVS. P.SANJAY PAUL VARGHESE (PALLATH) A.PARVATHI MENON RAHUL RAJ P. MEERA R. MENON MUHAMMED BILAL.V.A** ## **RESPONDENT/S:** **STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, THROUGH SUB INSPECTOR OF POLICE, PANTHEERANKAVU POLICE STATION CRIME BRANCH KOZHIKODE, PIN - 682031** ## **OTHER PRESENT:** **SR. P.G. MANU (MAMMALASSERY). SR.PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH BAIL APPL.9397/2023 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.Nos.9397/2023 & connected cases 7 ## **`O R D E R`** These applications are filed under Section 439 of the Code of Criminal Procedure seeking regular bail. 2. The petitioner in B.A.No.9397/2023 is the 2nd accused in crime No.35/2023 of Mukkom Police Station, Kozhikode, petitioner in B.A.No.9401/2023 is the 2nd accused in crime No.35/2023 of Valayam Police Station, Kozhikode, petitioner in B.A.No.9405/2023 is the 3rd accused in crime No.34/2023 of Pantheerankavu Police Station, Kozhikode, petitioner in B.A.No.9407/2023 is the 3rd accused in crime No.77/2023 of Kakkur Police Station, Kozhikode, and the petitioner in B.A.No.9409/2023 is the 7th accused in crime No.5/2023 of Edacherry Police Station, Kozhikode. All the above crimes are registered for the offences punishable under Sections 409, 420 r/w. 34 of Indian Penal Code and Section 3 r/w 21, 5 r/w. 23 of Banning of Unregulated Deposit Schemes Act 2019 (BUDS Act). 3. The prosecution case in B.A.No.9397/2023 is that the accused dishonestly induced the complainant to deposit Rs.15,00,000/- in the financial establishment of the accused by the name 'Kannur Urban Nidhi Limited', by offering permanent employment to the complainant in the establishment of the accused and cheated him by neither retaining him in the employment not returning the amount B.A.Nos.9397/2023 & connected cases 8 deposited. The accused are, therefore, alleged to have committed the above offences. 4. The prosecution case in B.A.No.9401/2023 is that the accused dishonestly induced the complainant to deposit Rs.4,30,000/- in the financial establishment of the accused by the name 'Kannur Urban Nidhi Limited', by offering permanent employment to the complainant in the establishment of the accused and cheated him by neither retaining him in the employment not returning the amount deposited. The accused are, therefore, alleged to have committed the above offences. 5. The prosecution case in B.A.No.9405/2023 is that the accused dishonestly induced the complainant to deposit Rs.4,30,000/- in the financial establishment of the accused by the name 'Kannur Urban Nidhi Limited', by offering permanent employment to the complainant in the establishment of the accused and cheated him by neither retaining him in the employment not returning the amount deposited. The accused are, therefore, alleged to have committed the above offences. 6. The prosecution case in B.A.No.9407/2023 is that the accused dishonestly induced the complainant to deposit Rs.16,20,000/- in the financial establishment of the accused by the name 'Kannur Urban Nidhi Limited', by offering permanent employment to the complainant in the establishment of the accused and cheated him by B.A.Nos.9397/2023 & connected cases 9 neither retaining him in the employment not returning the amount deposited. The accused are, therefore, alleged to have committed the above offences. 7. The prosecution case in B.A.No.9409/2023 is that the accused dishonestly induced the complainant to deposit Rs.15,00,000/- in the financial establishment of the accused by the name 'Kannur Urban Nidhi Limited', by offering permanent employment to the complainant in the establishment of the accused and cheated him by neither retaining him in the employment not returning the amount deposited. The accused are, therefore, alleged to have committed the above offences. 8. The prosecution case in B.A.No.9412/2023 is that the accused dishonestly induced the complainant to deposit Rs.4,20,000/- in the financial establishment of the accused by the name 'Kannur Urban Nidhi Limited', by offering permanent employment to the complainant in the establishment of the accused and cheated him by neither retaining him in the employment not returning the amount deposited. The accused are, therefore, alleged to have committed the above offences. 9. The learned counsel appearing for the petitioner in all these cases submitted that the petitioner was arrested on 05.09.2023. The charge sheet has not been filed till date, and therefore, the petitioner is entitled to statutory bail. He also submitted that the B.A.Nos.9397/2023 & connected cases 10 petitioner was arrested in connection with other cases as early as 27.01.2023. Several cases were filed, and it was only after the direction in W.P.(Crl)No.818/2023 that the arrest was recorded. It is also pointed out that the major part of the investigation is over, and the petitioner may be released on bail. 10. The learned Public Prosecutor submits that there are 190 cases in which the petitioner was accused, out of which, in 164 cases, he is granted bail. 11. After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and taking into account the fact that the investigation is progressing and has advanced, the passport is already surrendered, and most of the evidence are in documentary form , I am inclined to grant bail to the petitioner. Accordingly, these applications are allowed, and the petitioner is granted bail subject to the following conditions:- - 1.The petitioner in all the applications shall be released on bail on executing separate bonds for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court; - 2.He shall appear before the concerned Investigating Officers on all Saturdays between 9 a.m. and 11 a.m. B.A.Nos.9397/2023 & connected cases 11 for three months or as and when directed to appear. - 3.He shall furnish his present address along with his mobile number to the Court concerned as well as to the investigating officer. - 4.He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial; - 5.He shall not commit any offence while on bail; - 6.He shall not leave the State of Kerala without the permission of the Court having jurisdiction; - 7.He shall surrender the passport, if not already surrendered, before the trial court within a week. If the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the Court having jurisdiction. - 8.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law. It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner, even when the petitioner B.A.Nos.9397/2023 & connected cases 12 is on bail as per the judgment of the Apex Court in **Sushila Aggarwal and others v. State (NCT of Delhi) and another [2021 (1) KHC 663]** . Sd/- ``` MOHAMMED NIAS C.P. ``` ``` JUDGE ``` ``` shg ```