Bail Applications Nos. 5910/2023 & connected cases, High Court of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Gopinath P.
Judgment Date: 2023-10-09
Court Decision / Holding: The applications are allowed. Sabith is granted anticipatory bail in Crime Nos. 645/2023 to 736/2023 before Badagara Police Station, Kozhikode District, subject to conditions including separate bonds of Rs. 50,000 per case with two sureties, appearance before the investigating officer on specified days, non-contact with de facto complainants, surrender of passport (or affidavit if none), and not committing any other crime. If violated, bail can be canceled.
Final Disposition: Anticipatory bail granted in all connected cases with specified conditions.

Parties to the Case

Appellants / Petitioners

Sabith

Respondents

State of Kerala
Station House Officer, Badagara Police Station
ASEES K
MUNEER K
IBRAHIM
RASIYA
SHAHIDA
NASEEBA M M
SHAHANAS
NEHILA
MITHILAJ E
RASHEEDA
NISAR M K
SHAMEENA

Legal Representation & Advocates

Counsels for Petitioners

• T. D. Susmith Kumar
• T. O. Deepa
• C. Sivadas
• J. S. Rajesh Babu

Counsels for Respondents

• VIPIN NARAYAN (SR.PP)
• NOUSHAD K.A (SR.PP)
• G. SUDHEER (PP)

Case Synopsis & Summary

These are anticipatory bail applications filed by Sabith, the common petitioner in Crime Nos. 645/2023 to 736/2023 registered at Badagara Police Station, Kozhikode. The batch pertains to alleged offences under IPC 406/420 and the BUDS Act, arising from investments made through Apollo Gold Vatakara (P) Ltd., with Directors accused of carrying out a deposit scheme promising high returns. Sabith is shown as an employee (floor manager) acting under directions of the company’s directors, with the prosecution asserting that several accused absconded, necessitating asset identification and recoveries under BUDS. The applications were heard on 9 October 2023 along with other connected bail pleas. The petitioner contends lack of personal involvement in collecting money, reliance on directions from higher officials, and that custodial interrogation is not essential for the investigation. The State counters that the scheme involved misappropriation in multiple cases; custody could facilitate investigation and attachment of properties under BUDS. The court, noting Sabith’s role as an employee and the absence of direct money collection, concludes anticipatory bail can be granted with conditions to ensure investigation progresses and to prevent witness tampering. It cites Sushila Agarwal v. State (NCT of Delhi) (2020) 5 SCC 1 to affirm that anticipatory bail does not negate custody for recovery. The orders dispose of all applications, granting anticipatory bail with specified conditions.

Provisions of Law Cited

IPC sections 406 and 420Banning of Unregulated Deposit Schemes Act, 2019

Legal Doctrines & Maxims

Custody for the purposes of recovery even on anticipatory bail (Sushila Agarwal v. State (NCT of Delhi) and Another, (2020) 5 SCC 1)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants argued that Sabith was only an employee of Apollo Gold Vatakara (P) Ltd. and acted under the directives of company Directors; no direct money was collected by him personally; custodial interrogation is unnecessary for the ongoing investigation; bail with appropriate conditions would suffice.

Contentions of Respondents

The State contended that offences under IPC 406/420 and the BUDS Act are involved; several accused, including Directors, are absconding; their assets may need attachment; custodial interrogation is essential to advance the investigation and identify properties under BUDS.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Agarwal v. State (NCT of Delhi) and Another	(2020) 5 SCC 1	Positive	Cited to support that even on anticipatory bail, an accused can be considered in custody for purposes of recovery, enabling appropriate investigative actions.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE GOPINATH P.`** ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 ``` ## **`BAIL APPL. NO. 5910 OF 2023`** ## **`CRIME NO.645/2023 OF BADAGARA POLICE STATION, KOZHIKODE DISTRICT`** ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS ``` ## **`RESPONDENTS/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. 3SUBAIDA K K. AGED 57 YEARS, W/O. MOIDU, KALARIKANDI HOUSE, CHORODE EAST, CHORODE P.O, VADAKARA, KOZHIKODE, PIN – 673 106. 4SAFEEDHA W/O. NOT KNOWN, AGE NOT KNOWN, KALARIKANDI HOUSE, CHORODE EAST, CHORODE P.O, VADAKARA, KOZHIKODE, PIN – 673 106. BY ADV. SRI VIPIN NARAYAN (SR PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5930/2023, 5934/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 2 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 5930 OF 2023 ``` ## **`CRIME NO.646/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/1ST ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA J.S.RAJESH BABU C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. ``` ``` 3ASEES K AGED 48 YEARS, S/O. KUNHABDHULLA, KOMMILOTH(H), CHEMMARATHUR, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADV. NOUSHAD K.A (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 3 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 5934 OF 2023 ``` ## **`CRIME NO.647/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA J.S.RAJESH BABU C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. ``` ``` 3MUNEER K AGED 45 YEARS, S/O. KUNHABDHULLA, KOMMILOTH(H), CHEMMARATHUR, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ## `BY ADV.G. SUDHEER (PP)` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 4 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 5936 OF 2023 ``` ## **`CRIME NO.648/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA J.S.RAJESH BABU C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. ``` ``` 3IBRAHIM AGED 80 YEARS, S/O. ABDHULLA HAJI, KODAKKATTU HOUSE, PULIYAVU P.O, VADAKARA, KOZHIKODE, PIN – 673 509. ``` ``` BY ADV. G. SUDHEER (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 5 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 5939 OF 2023 ``` ## **`CRIME NO.649/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA J.S.RAJESH BABU C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. ``` ``` 3RASIYA AGED 38 YEARS, W/O. NOT KNOWN, CHALIL(H), PATHIYARAKKARA P.O, VADAKARA, KOZHIKODE, PIN – 673 105. ``` ``` BY ADV. NOUSHAD K.A (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 6 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 5940 OF 2023 ``` ## **`CRIME NO.650/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/1ST ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA J.S.RAJESH BABU C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. ``` ``` 3SHAHIDA W/O. RASHEED, NADAKKAL(H), PERODE P.O., VADAKARA, KOZHIKODE, PIN – 673 504. ``` ``` BY ADV. NOUSHAD K.A. (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 7 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 5946 OF 2023 ``` ## **`CRIME NO.651/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/1ST ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. ``` ``` T.D.SUSMITH KUMAR T.O.DEEPA J.S.RAJESH BABU C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. ``` ``` 3MUNEER AGED 42 YEARS, S/O. NOT KNOWN, AREEKKAL(H), KOTTAPPALLY, VADAKARA, KOZHIKODE, PIN – 673 542. ``` ## `BY ADV. G. SUDHEER (PP)` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 8 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7878 OF 2023 ``` ## **`CRIME NO.610/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. 3JASEERA ALSIYA AGED 39 YEARS, W/O. ABDHUL NISAR, BARISH, KUTTIKATTIL HOUSE, CHINGAPURAM P.O, VADAKARA, KOZHIKODE., PIN – 673 529. ``` ``` BY ADV. NOUSHAD K.A. (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 9 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7881 OF 2023 ``` ``` CRIME NO.615/2023 OF BADAGARA POLICE STATION, KOZHIKODE ``` ## **`PETITIONER/2ND RESPONDENT:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. ``` ``` 3SHAHANAS AGED 25 YEARS, W/O. ABDUL RAHEEM, KEEZHALINTAVIDA (H), EDACHERY P.O., VADAKARA, KOZHIKODE, PIN – 673 502. ``` ``` BY ADV.VIPIN NARAYAN (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 10 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7885 OF 2023 ``` ## **`CRIME NO.653/2023 OF BADAGARA POLICE STATION, KOZHIKODE PETITIONER/1ST ACCUSED:`** ``` SABITH, AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS J.S.RAJESH BABU ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER, BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. 3ABDHUL KHADER, AGED 63 YEARS, S/O. MOOSA, EDAKKUDI (H), MEMUNDA P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ## `BY ADV. G. SUDHEER (PP)` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 11 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7890 OF 2023 ``` ## **`CRIME NO.658/2023 OF BADAGARA POLICE STATION, KOZHIKODE`** ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE ., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS J.S.RAJESH BABU ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE., PIN – 673 101. ``` ``` 3MITHILAJ E AGED 25 YEARS, S/O. ABDUL RAHMAN, ITAKKUTI (H), MEMUNDA P.O., VADAKARA, KOZHIKODE,, PIN – 673 104. ``` ``` BY ADV. NOUSHAD K.A. (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 12 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7892 OF 2023 ``` ``` CRIME NO.677/2023 OF BADAGARA POLICE STATION, KOZHIKODE ``` ## **`PETITIONER/3RD ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS J.S.RAJESH BABU ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE., PIN – 673 101. ``` ``` 3NISAR M K AGED 43 YEARS, S/O. MOOSA HAJI, MADATHIKANDI (H), NADAKKUTHAZHA P.O., VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADV. VIPIN NARAYAN (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 13 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7898 OF 2023 ``` ``` CRIME NO.689/2023 OF BADAGARA POLICE STATION, KOZHIKODE ``` ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS J.S.RAJESH BABU ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE., PIN – 673 101. ``` ``` 3RASHEEDA AGED 33 YEARS, W/O. BASHEER OTHAYOTH, OTHAYOTH (H), KOTTAPALLY P.O., VADAKARA, KOZHIKODE., PIN – 673 542. ``` ``` BY ADV. NOUSHAD K.A (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 14 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7899 OF 2023 ``` ``` CRIME NO.702/2023 OF BADAGARA POLICE STATION, KOZHIKODE PETITIONER/2ND ACCUSED: ``` ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS J.S.RAJESH BABU ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE, PIN – 673 101. 3NASEEBA M M AGED 41 YEARS, W/O. MUHAMMED, MOTTAM MANALIL (H), MUTTUNGAL P.O., VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADV. NOUSHAD K.A. (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 15 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7905 OF 2023 ``` ``` CRIME NO.703/2023 OF BADAGARA POLICE STATION, KOZHIKODE ``` ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE., PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS J.S.RAJESH BABU ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE., PIN – 673 101. 3SHAMEENA W/O. SHAMSEER, EZHUVAMMAL THAZHAKKUNI (H), EDACHERI P.O., VADAKARA, KOZHIKODE., PIN – 673 502. ``` ``` BY ADV. G. SUDHEER (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 16 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` MONDAY, THE 9[TH] DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 BAIL APPL. NO. 7907 OF 2023 ``` ``` CRIME NO.736/2023 OF BADAGARA POLICE STATION, KOZHIKODE ``` ## **`PETITIONER/2ND ACCUSED:`** ``` SABITH AGED 44 YEARS, S/O. POKKAR, ARAFA MAHAL(H), VILLIAPALLI, KEEZHAL P.O, VADAKARA, KOZHIKODE, PIN – 673 104. ``` ``` BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA C.SIVADAS J.S.RAJESH BABU ``` ## **`RESPONDENT/STATE:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER BADAGARA POLICE STATION, BADAGARA P.O, KOZHIKODE., PIN – 673 101. ``` ``` 3NEHILA AGED 23 YEARS, W/O. NUHUMAN, VALLIL (H), CHERANDATHOOR, THIRUVALLUR, VADAKARA, KOZHIKODE., PIN – 673 541. ``` ``` BY ADV. NOUSHAD K.A. (SR.PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2023, ALONG WITH Bail Appl..5910/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.5910 of 2023 & Conn. cases 17 ---------------------------------------------------------------------------------------------- **Bail Appl. Nos. 5910, 5930, 5934, 5936, 5939, 5940, 5946, 7878, 7881,7885, 7890, 7892, 7898, 7899, 7905 and 7907 of 2023** ------------------------------------------------------------------------------------------ ## **ORDER** These are applications for anticipatory bail. 2. The petitioner in these cases is common. The petitioner is arrayed as an accused in Crime Nos.645/2023, 646/2023, 647/2023, 648/2023, 649/2023, 650/2023, 651/2023, 610/2023, 615/2023, 653/2023, 658/2023, 677/2023, 689/2023, 702/2023, 703/2023 and 736/2023 registered at Badagara Police Station, Kozhikode District. 3. The allegations against the petitioner are that the petitioner while working in the Apollo Jewellery situated at Vatakara, with an intention to deceive the defacto complainants, he obtained money towards an alleged deposit scheme being conducted by the aforesaid entity known as ‘M/s. Apollo Gold Vatakara (P) Ltd.’, promising high returns/gold ornaments of appropriate value and thereby he along with other accused had B.A.Nos.5910 of 2023 & Conn. cases 18 committed the offences alleged against them. 4. The learned counsel appearing for the petitioner would submit that the petitioner is only an employee of the aforesaid company. It is submitted that the petitioner was the floor manager (Retail Administrator) of the jewellery shop belonging to the aforesaid company. It is submitted that the petitioner was working only as per the directions issued by the Directors of the company, who are the other accused in these cases. It is submitted that apart from the above, the petitioner has no direct role in the acceptance of any deposit or the promising of high returns etc. It is submitted that no amount of money has been transferred to the account of the petitioner and all amounts were transferred directly to the account of the company. It is submitted that in such circumstances, the petitioner may be granted anticipatory bail subject to any condition that this Court may deem fit to impose. 5. The learned Public Prosecutor opposes the grant of bail. He submits that apart from the offences under Sections 406 and 420 of the Indian Penal Code, the provisions of the Banning of Unregulated Deposit Schemes Act (BUDS Act), 2019, have also been invoked. It is pointed out that there are several cases now registered against the petitioner and the other accused alleging B.A.Nos.5910 of 2023 & Conn. cases 19 that they had duped various persons by promising high returns/gold ornaments of appropriate value. It is submitted that since the provisions of the BUDS Act have been incorporated, it may be necessary to identify the properties of the accused for the purposes of attachment etc. It is submitted that all the other accused (Directors of the company) have absconded and are believed to be abroad. It is submitted that if the petitioner is granted anticipatory bail, the same may not be conducive to a proper conclusion of the investigation in the cases registered against the petitioner and the other accused. It is submitted that the custodial interrogation of the petitioner may be absolutely essential to complete the investigation in a proper manner and also to identify the properties which are to be attached in proceedings under the BUDS Act. 6. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions. Prima facie, it appears that the petitioner was only an employee of the company knows as ‘M/s. Apollo Gold Vatakara (P) Ltd.’ Apart from the allegation that the petitioner had involved himself actively in promoting the scheme run by the company, there appears to be no allegation at present that the petitioner had B.A.Nos.5910 of 2023 & Conn. cases 20 actually collected money on his own account. While it is true that the nature of the allegation raised against the petitioner indicate that the full cooperation of the petitioner may be necessary to complete the investigation in a proper manner, the same can be ensured without custodial interrogation. It is settled by the law laid down in **Sushila Agarwal v. State (NCT of Delhi) and Another; (2020) 5 SCC 1** , that even while on anticipatory bail, the accused can be deemed to be in custody for the purposes of recovery etc. 7. In the result, these applications are allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in Crime Nos.645/2023, 646/2023, 647/2023, 648/2023, 649/2023, 650/2023, 651/2023, 610/2023, 615/2023, 653/2023, 658/2023, 677/2023, 689/2023, 702/2023, 703/2023 and 736/2023 of Badagara Police Station, Kozhikode District subject to the following conditions:- (i) Petitioner shall execute separate bonds in respect of each of the cases registered against him for sums of Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer; (ii) Petitioner shall appear before the investigating officer in Crime Nos.645/2023, 646/2023, 647/2023, 648/2023, B.A.Nos.5910 of 2023 & Conn. cases 21 649/2023, 650/2023, 651/2023, 610/2023, 615/2023, 653/2023, 658/2023, 677/2023, 689/2023, 702/2023, 703/2023 and 736/2023 of Badagara Police Station, Kozhikode District at 11.00 am on five consecutive days namely on 16-10-2023, 17-10-2023, 18-10-2023, 19-10-2023, 20-10-2023 and 21-10-2023 and thereafter whenever called upon to do so; (iii) Petitioner shall not attempt to contact the de facto complainants or interfere with the investigation or to influence or intimidate any witness in Crime Nos.645/2023, 646/2023, 647/2023, 648/2023, 649/2023, 650/2023, 651/2023, 610/2023, 615/2023, 653/2023, 658/2023, 677/2023, 689/2023, 702/2023, 703/2023 and 736/2023 of Badagara Police Station, Kozhikode District; (iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail; (v) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime Nos.645/2023, 646/2023, 647/2023, 648/2023, 649/2023, 650/2023, 651/2023, 610/2023, 615/2023, B.A.Nos.5910 of 2023 & Conn. cases 22 653/2023, 658/2023, 677/2023, 689/2023, 702/2023, 703/2023 and 736/2023 of Badagara Police Station, Kozhikode District may file an application before the jurisdictional Court for cancellation of bail. **Sd/GOPINATH P. JUDGE** ats