High Court of KeralaSingle JudgeAllowed
Common Bail Applications (BNSS) in B.A. Nos.5656/2024, 5663/2024, 5666/2024, 5667/2024, 5670/2024, 5675/2024, 5679/2024 & 5682/2024 v. State of Kerala
Case / Petition Number:B.A. Nos.5656/2024; 5663/2024; 5666/2024; 5667/2024; 5670/2024; 5675/2024; 5679/2024; 5682/2024
Neutral Citation:2024:KER:58701
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.S.Dias
- Judgment Date
- 2024-08-06
- Court Decision / Holding
- The applications are allowed. The petitioners are to be released on bail on bonds of Rs. 1,00,000 each with two solvent sureties of like amount, subject to conditions: appearance before the Investigating Officer on alternate Saturdays; no inducement or tampering with witnesses; no commission of offences while on bail; surrender of passports where applicable; court may cancel bail on violation; Investigating Officer may conduct recoveries under Supreme Court guidance. The order is a common order disposing of all connected bail applications.
- Final Disposition
- Allowed
Parties to the Case
Appellants / Petitioners
- N.M Raju
- Grace Raju
- Allan
- Anson
Respondents
- State of Kerala represented by Public Prosecutor, High Court of Kerala, Pathanamthitta
- Varghese Mathew Kodumthara Malayil (Intervener)
- Abraham Cherian (Intervenor)
- M.O Mathew (Intervenor)
- Daisy Cherian (Intervenor/Respondent)
- Rajan P.G. (Intervenor)
Legal Representation & Advocates
Counsels for Petitioners
- • Jai George
- • Daisy A. Philipose
Counsels for Respondents
- • Susanth Shaji Sidharth
- • Albin A. Joseph
- • Neema T.V.
- • Seetha S.
- • C.S. Hrithwik
- • Smt. Seetha S. (Sr. P.P.)
Case Synopsis & Summary
This is a consolidated bail matter before the Kerala High Court, involving eight bail applications (B.A. Nos. 5656/2024, 5663/2024, 5666/2024, 5667/2024, 5670/2024, 5675/2024, 5679/2024, 5682/2024) filed by N.M. Raju and co-accused in several crimes registered at Thiruvalla Police Station under sections 406, 409 and 420 IPC, read with section 34 IPC, and section 4 of the BUDS Act, 2019. The petitioners contend innocence and false implication; they have been in judicial custody since May 7, 2024, and seek statutory bail under BNSS/CrPC provisions. The State argues serious economic offences and risk of witness tampering if released, noting multiple prior cases. The common order, delivered by Justice C.S. Dias, relies on CrPC Section 167(2) (as extended by 90/60-day provisions) and the BNSS framework to grant bail due to the indefeasible right to bail where investigation remains incomplete after extended custody. Citing Uday Mohanlal Acharya and Sanjay Dutt, the court holds the petitioners are entitled to compulsory bail. The order imposes standard conditions: bond of Rs. 1,00,000 with two solvent sureties, appearance before the IO on alternate Saturdays, prohibition on tampering with witnesses or leaving the territorial jurisdiction, passport surrender where applicable, and the IO’s authority to pursue recoveries under Supreme Court guidance. The decision ultimately disposes of all eight petitions with bail granted subject to conditions.
Provisions of Law Cited
Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)Sections 406, 409 and 420 read with Section 34 IPCSection 4 of the Banning of Unregulated Deposit Schemes Act, 2019Section 167(1) and Section 167(2) CrPC
Legal Doctrines & Maxims
- Indefeasible right to bail under Section 167(2) CrPC upon delay in investigation
- Right to release on bail when investigation cannot be completed within the prescribed period (90/60 day framework)
- Continued investigative powers notwithstanding bail, as approved in Sushila Aggarwal v. State (NCT of Delhi) and another (discussed for recoveries)
- Authority of higher courts’ precedents (Acharya, Sanjay Dutt) to guide interpretation of CrPC 167(2) and BNSS provisions
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners submit that they are innocent and have been falsely implicated in multiple fraud-like offences under the BNSS framework. They point to the delay in investigation, noting custody surpassing the 90-day/60-day thresholds without final reports. They rely on Section 167(2) CrPC and BNSS to claim an indefeasible right to bail, asserting that prolonged detention without completion of investigation undermines fundamental fairness. They request enlargement on statutory bail with standard conditions, pending completion of investigation.
Contentions of Respondents
The State contends that the petitioners engaged in large-scale financial offences, with multiple defences and similar cases; there is a real danger of witnessing tampering and interference if released; investigation is ongoing and final reports have not been laid; granting bail could impair the prosecution’s case; hence the applications should be dismissed or restricted.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Uday Mohanlal Acharya v. State of Maharashtra | (2001) 5 SCC 453 | Positive | Three-Judge Bench reiterates the proposition that after the prescribed period, an indefeasible right accrues to bail when investigation is not completed. |
| Sanjay Dutt v. State through C.B.I., Bombay | — | Positive | Cited to support the proposition of indefeasible rights to bail on investigation delay (supra). |
| Sushila Aggarwal v. State (NCT of Delhi) and another | 2020 (1) KHC 663 | Positive | Cited regarding the power to continue investigation and permit recoveries even while in custody on bail. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
# B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 1
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2024:KER:58701
**IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS**
**TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946**
**BAIL APPL. NO. 5675 OF 2024**
## **CRIME NO.334/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
**N.M RAJU AGED 64 YEARS S/O GEORGE, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101**
**BY ADVS. JAI GEORGE DAISY A.PHILIPOSE**
## **RESPONDENT/S:**
**STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031**
**SR.PP.SMT.NEEMA T.V.**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5656/2024, 5663/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
2024:KER:58701
# B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 2
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**IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946**
**BAIL APPL. NO. 5656 OF 2024**
**CRIME NO.684/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
- **1 N.M RAJU AGED 64 YEARS NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **2 GRACE RAJU AGED 57 YEARS**
**NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **3 ALLAN AGED 33 YEARS NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **4 ANSON AGED 31 YEARS NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
## **BY ADV JAI GEORGE**
## **RESPONDENT/S:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
**2 VARGHESE MATHEW KODUMTHARA MALAYIL, THIRUVALLA, ERAVIPEROOR, PATHNAMTHITTA DISTRICT.**
**IS ADDED AS INTERVENER AS PER ORDER DATED 17.07.24 IN CRL.M.A.1/24**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 3
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2024:KER:58701
**BY ADVS. SUSANTH SHAJI SIDHARTH O. ALBIN A. JOSEPH**
**SR.PP.SMT.NEEMA T.V.**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5675/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 4
2024:KER:58701
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS**
**TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 BAIL APPL. NO. 5663 OF 2024 CRIME NO.651/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
- **1 N.M RAJU, AGED 64 YEARS S/O GEORGE, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101**
- **2 GRACE RAJU , AGED 57 YEARS, W/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101**
- **3 ALLAN, AGED 33 YEARS, S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689101**
- **4 ANSON, AGED 31 YEARS S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689101**
**BY ADVS. JAI GEORGE DAISY A.PHILIPOSE**
## **RESPONDENT/S:**
**STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031**
**SR.PP.SMT.SEETHA S.**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5675/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 5
2024:KER:58701
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS**
**TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 BAIL APPL. NO. 5666 OF 2024 CRIME NO.678/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
**1 N.M RAJU AGED 64 YEARS S/O GEORGE NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101**
**2 GRACE RAJU AGED 57 YEARS W/O N.M RAJU , NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101**
**3 ALLAN AGED 33 YEARS S/O N.M RAJU, AGED 33 YEARS, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689101**
**4 ANSON AGED 31 YEARS S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689101**
**BY ADVS. JAI GEORGE DAISY A.PHILIPOSE**
## **RESPONDENT/S:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 ABRAHAM CHERIAN**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 6
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2024:KER:58701
**S/O O.M CHERIAN, OLICKAL HOUSE, ERAVIPEROOR P.O, PATHANAMTHITTA DISTRICT IS IMPLEADED AS AN INTERVENOR AS PER ORDER DATED 17.07.24 IN CRL.MA.1/24.**
**BY ADVS. SUSANTH SHAJI SIDHARTH O. ALBIN A. JOSEPH**
**SR.PP.SMT.NEEMA T.V.**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5675/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 7
2024:KER:58701
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**IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS**
**TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 BAIL APPL. NO. 5667 OF 2024 CRIME NO.677/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
- **1 N.M RAJU AGED 64 YEARS NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **2 GRACE RAJU AGED 57 YEARS NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **3 ALLAN AGED 33 YEARS NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **4 ANSON AGED 31 YEARS**
**NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
## **BY ADV JAI GEORGE**
## **RESPONDENT/S:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 M.O MATHEW**
**S/O. M.M. OOMMEN, MANGALASSERRY HOUSE, ERAVIPEROOR POST, NEAR POOVAPUZHA TEMPLE, THIRUVALLA, PATHANAMTHITTA DISTRICT IS IMPLEADED AS AN INTERVENOR AS PER ORDER DATED 17.07.24 IN CRL.MA.1/24.**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 8
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2024:KER:58701
**BY ADVS. SUSANTH SHAJI SIDHARTH O. ALBIN A. JOSEPH**
**SR.PP.SMT.NEEMA T.V.**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5675/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 9
2024:KER:58701
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS**
**TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 BAIL APPL. NO. 5670 OF 2024 CRIME NO.683/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
**1 N.M RAJU AGED 64 YEARS**
**S/O GEORGE NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101**
- **2 GRACE RAJU AGED 57 YEARS**
**W/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101**
- **3 ALLAN**
**AGED 33 YEARS**
**S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689101**
- **4 ANSON**
**AGED 31 YEARS**
**S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689101**
**BY ADVS. JAI GEORGE DAISY A.PHILIPOSE**
## **RESPONDENT/S:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 DAISY CHERIAN**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 10
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2024:KER:58701
**OLICKAL HOUSE, NELLIMALA P.O, THIRUVALLA, ERAVIPEROOR, PATHANAMTHITTA DISTRICT IS IMPLEADED AS AN INTERVENOR AS PER ORDER DATED 17.07.24 IN CRL.MA.1/24.**
**BY ADVS. SUSANTH SHAJI SIDHARTH O. ALBIN A. JOSEPH**
**SR.PP.SRI.C.S.HRITHWIK**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5675/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 11
2024:KER:58701
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS**
**TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 BAIL APPL. NO. 5679 OF 2024 CRIME NO.664/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
- **1 N.M RAJU , AGED 64 YEARS, S/O GEORGE, AGED 64 NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **2 GRACE RAJU , AGED 57 YEARS, W/O N.M RAJU NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **3 ALLAN, AGED 33 YEARS, S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689103**
- **4 ANSON, AGED 31 YEARS, S/O N.M RAJU, NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN - 689103**
**BY ADVS. JAI GEORGE DAISY A.PHILIPOSE**
## **RESPONDENT/S:**
**STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031**
## **SR.PP.SRI.C.S.HRITHWIK**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5675/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 12
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**IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS**
**TUESDAY, THE 6[TH] DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 BAIL APPL. NO. 5682 OF 2024 CRIME NO.657/2024 OF Thiruvalla Police Station, Pathanamthitta**
## **PETITIONER/S:**
- **1 N.M RAJU AGED 64 YEARS**
**NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **2 GRACE RAJU AGED 57 YEARS**
- **NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **3 ALLAN AGED 33 YEARS NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
- **4 ANSON AGED 31 YEARS**
**NEDUMPARAMBIL GARDENS, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103**
## **BY ADV JAI GEORGE**
RESPONDENT/S:
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031**
- **2 RAJAN P.G. S/O SAMUEL, 5/503 CASINDA APARTMENTS, THOTTABHAGAM P.O, KAVIYOOR VILLAGE, PATHANAMTHITTA DISTRICT IS IMPLEADED AS AN INTERVENOR AS PER ORDER DATED 17.07.24 IN CRL.MA.1/24.**
**BY ADVS.**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 13
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2024:KER:58701
**SUSANTH SHAJI SIDHARTH O. ALBIN A. JOSEPH**
**SR.PP.SMT.SEETHA S.**
**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2024, ALONG WITH Bail Appl..5675/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
## **C.S.DIAS,J**
## **-------------------------------------------B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 and 5682 of 2024**
**--------------------------------------------Dated this the 6[th] day of August, 2024**
## **COMMON ORDER**
The applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, 'BNSS'), by the accused in the below mentioned crimes of the Thiruvalla Police Station, Pathanamthitta, which are all registered against them for allegedly committing the offences punishable under Sections 406, 409 and 420 r/w Section 34 of the Indian Penal Code (in short, 'IPC') and Section 4 of the Banning of Unregulated Deposit Schemes Act, 2019.
2. B.A.No.5656/2024 is filed by the accused 1 to 4 in Crime No.684/2024, B.A.No.5663/2024 is filed by the accused 1 to 4 in Crime No.651/2024, B.A.No.5666/2024 is filed by the accused 1 to 4 in Crime No.678/2024, B.A.No.5667/2024 by the accused 1 to 4 in Crime No.677/2024, B.A.No.5670/2024 is filed by the accused 1
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 15
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2024:KER:58701 to 4 in Crime No.683/2024, B.A.No.5675/2024 is filed by the accused in Crime No.334/2024, B.A.No.5679/2024 is filed by the accused 1 to 4 in Crime No.664/2024 and B.A.No.5682/2024 is filed by the accused 1 to 4 in Crime No.657/2024, which are registered by the Thiruvalla Police Station, Pathanamthitta against the petitioner for allegedly committing the above said offences. Since, the petitioners are the same in all the crimes the applications are consolidated, jointly heard and are being disposed of by this common order.
3. The common case of the defacto complainants in the respective crimes is that the accused were running an establishment named 'Nedumparambil Credit Syndicate'. The accused had offered high interest on fixed deposits to the defacto complainants. Accordingly, the defacto complainants deposited money in the said establishment on the belief of getting high interest. However, the accused did not pay the interest or return
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 16
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2024:KER:58701 the capital. Thus, the accused have committed the above offences.
4. Heard; Sri.Jai George, the learned counsel appearing for the petitioners, Sri.C.S.Hrithwik, Smt.Seetha S. and Smt. Neema T.V. the learned Senior Public Prosecutors and Sri.Susanth Shaji, the learned counsel appearing for the defacto complainants in some of the crimes.
5. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations leveled against them. They have been falsely implicated in the crime. A reading of the First Information Reports would clearly reveal that the offences attributed against the petitioners will not be attracted. The Investigating Officer has deliberately incorporated the above offences to see that the petitioners are incarcerated. In any given case, the petitioners have been in judicial custody for the last 91 days, the investigation
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 17
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2024:KER:58701 in the case is not complete and the final reports have not been laid. Therefore, the petitioners are entitled to be enlarged on statutory bail. Hence, the applications may be allowed.
6. The learned Public Prosecutors seriously opposed the applications. They submitted that the petitioners have committed serious economic offences by cheating the public at large. There are numerous cases registered against the petitioners for committing similar offences. If the petitioners are enlarged on bail, there is every likelihood of them intimidating the witnesses and tampering with the evidence. Hence, the applications may be dismissed. Nonetheless, they did not dispute the fact that the petitioners have been in judicial custody since 07.05.2024, the investigation in the case is not complete and the final report has not been laid.
7. The learned counsel appearing for the defacto complainants also opposed the applications. He submitted
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 18
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2024:KER:58701
that if the petitioners are enlarged on bail, there is every likelihood of them intimidating the witnesses and tampering with the evidence. Hence, the applications may be dismissed.
8. The common prosecution case in all the crimes is that the petitioners had induced the defacto complainants to deposit money in their establishment on the assurance of paying them high interest. However, the accused failed to pay the interest or return the capital. The fact remains that the petitioners have been in judicial custody since 07.05.2024, which is more than 90 days, the investigation in the case is not complete and the final reports have not been laid.
9. Subsections (1) and (2) of Section 167 of the
Code of Criminal Procedure, 1973 reads as follows:-
167. Procedure when investigation cannot be completed in twenty-four hours.—(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of
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2024:KER:58701 twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that— 2 [(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding— (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to
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2024:KER:58701 be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;]
10. A three-Judge Bench of the Honourable Supreme Court in **Uday Mohanlal Acharya v. State of Maharashtra** [(2001) 5 SCC 453], reiterated the legal proposition in Sanjay Dutt v.State through C.B.I., Bombay (supra). In paragraph 13 (3) it was opined thus:
"13. x x x x x x (3) On the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by the Magistrate.” (emphasis added)
11. In the instant cases, as the petitioners have been in judicial custody for the last 91 days, the investigation in the cases is not complete and the final reports have not been laid, I am convinced that the petitioners are entitled to be released on compulsory bail,
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since it is their indefeasible right under Section 167(2) of the Code. Hence, I allow the applications.
In the result, the applications are allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:
- i. The petitioners shall appear before the Investigating Officer on every alternate Saturday between 9 a.m. and 11 a.m till the final reports are laid. They shall also appear before the Investigating Officer as and when required;
- ii. The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;
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- iii. The petitioners shall not commit any offence while they are on bail;
- iv. The petitioners shall surrender their passports, if any, before the jurisdictional court at the time of execution of the bond in the respective crimes. If they have no passports, they shall file affidavits to the effect before the jurisdictional court on the date of execution of the bond;
- v. In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the applications for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
- vi. The petitioners shall not leave the territorial jurisdiction of the Court of Session, Pathanamthitta without the previous permission of the jurisdictional court.
- vii. Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.
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viii. Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663].
sd/-
**C.S.DIAS,JUDGE**
rkc/06.08.24
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 24
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## **APPENDIX OF BAIL APPL. 5656/2024**
## **PETITIONER ANNEXURES**
**Annexure 1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 684 OF 2024 OF THIRUVALLA POLICE STATION**
## **RESPONDENT ANNEXURES**
**Annexure R2(a) True photostat copy of fixed deposit dated 10.09.2021 issued to the 2nd respondent and Feby Chinnu Varghese for an amount of Rs.10,00,000/-**
- **Annexure R2(b) True photostat copy of fixed deposit dated 12.12.2023 issued to the 2nd respondent and Mollykutty Varghese for an amount of Rs.5,00,000/-**
- **Annexure R2(c) True photostat copy of the report dated Nil submitted by the Sub Inspector of Police, Thiruvalla Police Station before the Honourable District and Sessions Court III, Pathanamthitta**
- **Annexure R2(d) True photostat copy of the petition dated 29.06.2024 submitted by the 2nd respondent and others before the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
**Annexure R2(e) True photostat copy of the letter dated 04.07.2024 issued by the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 25
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## **APPENDIX OF BAIL APPL. 5663/2024**
|**PETITIONER ANNEXURES**|**PETITIONER ANNEXURES**|
|---|---|
|**Annexure A1**|**A TRUE COPY OF THE FIRST INFORMATION**|
||**REPORT IN CRIME NO. 651 OF 2024 OF**|
||**THIRUVALLA POLICE STATION**|
|**Annexure A2**|**A TRUE COPY OF THE MONEY LENDING LICENSE**|
||**NO.32030262279 DATED 28/4/2024 ISSUED BY**|
||**THE COMMERCIAL TAXES DEPARTMENT**|
|**Annexure A3**|**TRUE COPY OF THE ORDER DATED 22/6/2024 IN**|
||**CRL.M.P.NO:3803/2024 PASSED BY THE**|
||**ADDITIONAL DISTRICT & SESSIONS JUDGE**|
||**[BUDS ACT SPECIAL COURT] PATHANAMTHITTA**|
|**Annexure A4**|**TRUE COPY OF THE ORDER DATED 22/6/2024 IN**|
||**CRL.M.P.NO:3806/2024 PASSED BY THE**|
||**ADDITIONAL DISTRICT & SESSIONS JUDGE**|
||**[BUDS ACT SPECIAL COURT] PATHANAMTHITTA**|
B.A. Nos.5656, 5663, 5666, 5667, 5670, 5675, 5679 & 5682 of 2024 26
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## **APPENDIX OF BAIL APPL. 5666/2024**
## **PETITIONER ANNEXURES**
|**Annexure A1**|**A TRUE COPY OF THE FIRST INFORMATION**|
|---|---|
||**REPORT IN CRIME NO. 678 OF 2024 OF**|
||**THIRUVALLA POLICE STATION**|
|**Annexure A2**|**A TRUE COPY OF THE MONEY LENDING LICENSE**|
||**NO.32030262279 DATED 28/4/2023 ISSUED BY**|
||**THE COMMERCIAL TAXES DEPARTMENT TO THE**|
||**1ST PETITIONER**|
## **RESPONDENT ANNEXURES**
|**Annexure R2(a)**|**True photostat copy of fixed deposit**|
|---|---|
||**dated 16.05.2023 issued to the 2nd**|
||**respondent for an amount of Rs.3,00,000/-**|
|**Annexure R2(b)**|**True photostat copy of fixed deposit**|
||**dated 08.03.2023 issued to the 2nd**|
||**respondent’s son, Sri. Samuel**|
||**Abraham for an amount of Rs.3,77,000/-**|
|**Annexure R2(c)**|**True photostat copy of fixed deposit**|
||**dated 28.02.2023 issued to the 2nd**|
||**respondent’s wife, Smt. Starly P.P.**|
||**for an amount of Rs.4,00,000/-**|
|**Annexure R2(d)**|**True photostat copy of fixed deposit**|
||**dated 27.02.2023 issued to the 2nd**|
||**respondent’s son, Sri. Samuel**|
||**Abraham for an amount of Rs.2,00,000/-**|
|**Annexure R2(e)**|**True photostat copy of fixed deposit**|
||**dated 20.02.2023 issued to the 2nd**|
||**respondent’s son, Sri. Samuel**|
||**Abraham for an amount of Rs.2,00,000/-**|
|**Annexure R2(f)**|**True photostat copy of fixed deposit**|
||**dated 14.02.2023 issued to the 2nd**|
||**respondent’s son, Sri. Samuel**|
||**Abraham for an amount of Rs.2,00,000/-**|
|**Annexure R2(g)**|**True photostat copy of the report dated**|
||**Nil submitted by the Sub Inspector of**|
||**Police, Thiruvalla Police Station before**|
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**the Honourable District and Sessions Court- III, Pathanamthitta**
**Annexure R2(h)**
- **True photostat copy of the petition dated 29.06.2024 submitted by the 2nd respondent and others before the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
**Annexure R2(i)**
- **. True photostat copy of the letter dated 04.07.2024 issued by the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
## **PETITIONER ANNEXURES**
**Annexure A3**
**TRUE COPY OF THE ORDER DATED 22/6/2024 IN CRL.M.P.NO:3789/2024 PASSED BY THE ADDITIONAL DISTRICT & SESSIONS JUDGE [BUDS ACT SPECIAL COURT] PATHANAMTHITTA**
**Annexure A4 TRUE COPY OF THE ORDER DATED 22/6/2024 IN CRL.M.P.NO:3860/2024 PASSED BY THE ADDITIONAL DISTRICT & SESSIONS JUDGE [BUDS ACT SPECIAL COURT] PATHANAMTHITTA**
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## **APPENDIX OF BAIL APPL. 5667/2024**
## **PETITIONER ANNEXURES**
**Annexure 1 FIR**
## **RESPONDENT ANNEXURES**
|**Annexure R2(a)**|**True photostat copy of fixed deposit**|
|---|---|
||**dated 26.07.2023 issued to the 2nd**|
||**respondent**<br>**for**<br>**an**<br>**amount**<br>**of**|
||**Rs.10,00,000/-**|
|**Annexure R2(b)**|**True photostat copy of fixed deposit**|
||**dated 20.04.2023 issued to the wife of**|
||**the 2nd respondent, Smt. Elezabeth**|
||**Varghese for an amount of Rs.15,00,000/-**|
|**Annexure R2(c)**|**True photostat copy of the report dated**|
||**Nil submitted by the Sub Inspector of**|
||**Police, Thiruvalla Police Station before**|
||**the Honourable District and Sessions**|
||**Court- III, Pathanamthitta**|
|**Annexure R2(d)**|**True photostat copy of the petition dated**|
||**29.06.2024 submitted by the 2nd**|
||**respondent and others before the Deputy**|
||**Commissioner, Taxpayer Services Division,**|
||**Pathanamthitta District**|
|**Annexure R2(e)**|**True photostat copy of the letter dated**|
||**04.07.2024 issued by the Deputy**|
||**Commissioner, Taxpayer Services Division,**|
||**Pathanamthitta District**|
|**PETITIONER ANNEXURES**||
|**Annexure A2**|**TRUE COPY OF THE ORDER DATED 22/6/2024 IN**|
||**CRL.M.P.NO:3788/2024 PASSED BY THE**|
||**ADDITIONAL DISTRICT & SESSIONS JUDGE**|
||**[BUDS ACT SPECIAL COURT] PATHANAMTHITTA**|
|**Annexure A3**|**TRUE COPY OF THE ORDER DATED 22/6/2024 IN**|
||**CRL.M.P.NO:3861/2024 PASSED BY THE**|
||**ADDITIONAL DISTRICT & SESSIONS JUDGE**|
||**[BUDS ACT SPECIAL COURT] PATHANAMTHITTA**|
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## **APPENDIX OF BAIL APPL. 5670/2024**
## **PETITIONER ANNEXURES**
**Annexure A1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 683 OF 2024 OF THIRUVALLA POLICE STATION Annexure A2 TRUE COPY OF THE MONEY LENDING LICENSE NO.32030262279 DATED 28/4/2023 ISSUED BY THE COMMERCIAL TAXES DEPARTMENT TO THE 1ST PETITIONER**
## **RESPONDENT ANNEXURES**
- **Annexure R2(a) True photostat copy of fixed deposit dated 05.05.2023 issued to the 2nd respondent for an amount of Rs.3,00,000/-**
- **Annexure R2(b) True photostat copy of fixed deposit dated 22.08.2023 issued to the 2nd respondent for an amount of Rs.1,00,000/-**
- **Annexure R2(c) True photostat copy of fixed deposit dated 10.10.2023 issued to the 2nd respondent for an amount of Rs.4,50,000/-**
- **Annexure R2(d) True photostat copy of the report dated Nil submitted by the Sub Inspector of Police, Thiruvalla Police Station before the Honourable District and Sessions Court- III, Pathanamthitta**
- **Annexure R2(f) True photostat copy of the letter dated 04.07.2024 issued by the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
- **Annexure R2(e) True photostat copy of the petition dated 29.06.2024 submitted by the 2nd respondent and others before the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
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**APPENDIX OF BAIL APPL. 5679/2024**
## **PETITIONER ANNEXURES**
**Annexure A1**
**A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 664 OF 2024 OF THIRUVALLA POLICE STATION**
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## **APPENDIX OF BAIL APPL. 5682/2024**
## **PETITIONER ANNEXURES**
## **Annexure 1 ANNEXURE 1**
## **RESPONDENT ANNEXURES**
- **Annexure R2(a) True photostat copy of fixed deposit dated 10.11.2022 issued to the 2nd respondent and his wife, Smt. Jayan Rajan for an amount of Rs.3,00,000/-**
- **Annexure R2(b) True photostat copy of fixed deposit dated 30.03.2023 issued to the 2nd respondent and his wife, Smt. Jayan Rajan for an amount of Rs.1,00,000/-**
- **Annexure R2(c) True photostat copy of fixed deposit dated 13.09.2022 issued to the 2nd respondent and his wife, Smt. Jayan Rajan for an amount of Rs.8,00,000/-**
- **Annexure R2(d) True photostat copy of fixed deposit dated 27.07.2022 issued to the 2nd respondent and his wife, Smt. Jayan Rajan for an amount of Rs.2,00,000/-**
- **Annexure R2(e) True photostat copy of fixed deposit dated 15.07.2022 issued to the 2nd respondent and his wife, Smt. Jayan Rajan for an amount of Rs.2,00,000/-**
- **Annexure R2(f) True photostat copy of fixed deposit dated 08.07.2022 issued to the 2nd respondent and his wife, Smt. Jayan Rajan for an amount of Rs.5,00,000/-**
- **Annexure R2(g) True photostat copy of fixed deposit dated 11.07.2022 issued to the 2nd respondent and his wife, Smt. Jayan Rajan for an amount of Rs.3,00,000/-**
- **Annexure R2(h) True photostat copy of the report dated Nil submitted by the Sub Inspector of Police, Thiruvalla Police Station before the Honourable District and Sessions**
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## **Court- III, Pathanamthitta**
**Annexure R2(i) True photostat copy of the petition dated 29.06.2024 submitted by the 2nd respondent and others before the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
**Annexure R2(j) True photostat copy of the letter dated 04.07.2024 issued by the Deputy Commissioner, Taxpayer Services Division, Pathanamthitta District**
**PETITIONER ANNEXURES Annexure A2 TRUE COPY OF THE ORDER DATED 22/6/2024 IN CRL.M.P.NO:3807/2024 PASSED BY THE ADDITIONAL DISTRICT & SESSIONS JUDGE [BUDS ACT SPECIAL COURT] PATHANAMTHITTA Annexure A3 TRUE COPY OF THE ORDER DATED 22/6/2024 IN CRL.M.P.NO:3809/2024 PASSED BY THE ADDITIONAL DISTRICT & SESSIONS JUDGE [BUDS ACT SPECIAL COURT] PATHANAMTHITTA Annexure A4 TRUE COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO:657/2024 OF THIRUVALLA POLICE STATION**
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## **APPENDIX OF BAIL APPL. 5675/2024**
## **PETITIONER ANNEXURES**
|**Annexure A1**|**A TRUE COPY OF THE FIRST INFORMATION**|
|---|---|
||**REPORT IN CRIME NO. 334 OF 2024 OF**|
||**THIRUVALLA POLICE STATION**|
|**Annexure A2**|**COPY OF THE ORDER DATED 22/6/2024 IN**|
||**CRL.M.P.NO:3804/2024 PASSED BY THE**|
||**ADDITIONAL DISTRICT & SESSIONS JUDGE**|
||**[BUDS ACT SPECIAL COURT] PATHANAMTHITTA**|