High Court of KeralaSingle JudgeBail application dismissed.

Midhun Das v. State of Kerala

Case / Petition Number:BAIL APPLICATION NO. 774 OF 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S. Dias
Judgment Date
2024-02-09
Court Decision / Holding
Bail application dismissed.
Final Disposition
Bail application dismissed.

Parties to the Case

Appellants / Petitioners

  • Midhun Das

Respondents

  • State of Kerala represented by Public Prosecutor, High Court of Kerala
  • Station House Officer, Palakkad Town South Police Station, Palakkad

Legal Representation & Advocates

Counsels for Petitioners

  • • Ayesha Youseff
  • • Akheela Farzana

Counsels for Respondents

  • • Public Prosecutor (State)
  • • Smt. Seetha S. (Senior Public Prosecutor)

Case Synopsis & Summary

This bail petition under Section 439 CrPC challenges an order of the Additional Sessions Court, Palakkad, in CRL.M.C.321/2024, denying bail to the first accused in Crime No.61/2024. The petitioner, Midhun Das, is accused along with another person of offences including sections 406 and 420 read with 34 IPC, and offences under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (PCMCS Act) (Sections 3-6) and the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act) (Sections 3 and 21). The prosecution’s case contends that the accused, through an online project called “Meta Force,” collected money from the public without sanction, conducting motivational sessions and meetings at Palakkad hotels to induce deposits. The de facto complainant allegedly transferred Rs.28,77,500 to the first accused’s bank account between 1.8.2023 and 31.12.2023, and overall deposits amount to about Rs.1.29 crore from roughly 2,500 depositors. The petitioner has been in custody since 12.01.2024; investigation is described as near completion, with the second accused still at large. The defense argues Meta Force is not covered by PCMCS or BUDS, and that the de facto complainant’s relation with the petitioner is cordial, suggesting a false, motivated complaint. The court cites established bail principles (including nine factors from Prasanta Kumar Sarkar, as well as Kalyan Chandra Sarkar and Ram Govind Upadhyay) and Supreme Court guidelines (Salinder Antil, Aman Preet Singh, Arnesh Kumar) to stress that bail should generally be denied where there is risk of tampering with witnesses or hindering investigation. Ultimately, the court dismissed the bail petition, deeming release unsuitable given gravity of charges, large-scale deposits, and risk to the course of justice.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Section 406 IPCSection 420 IPCSection 34 IPCSection 3 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978Section 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978Section 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978Section 3 of the Banning of Unregulated Deposit Schemes Act, 2019Section 21 of the Banning of Unregulated Deposit Schemes Act, 2019

Legal Doctrines & Maxims

  • Bail is the rule and jail is the exception.
  • The factors to be borne in mind while considering bail include: prima facie or reasonable ground to believe the accused committed the offence; nature and gravity of the accusation; severity of punishment on conviction; danger of absconding; character and standing of the accused; likelihood of repetition; reasonable apprehension of witness tampering; danger to justice if bail is granted.
  • Courts must exercise discretion in a judicious manner and indicate reasons for granting bail, particularly where the offence is serious.
  • The bail doctrine is supported by the Supreme Court authorities cited (Prasanta Kumar Sarkar; Kalyan Chandra Sarkar; Ram Govind Upadhyay; Puran v. Rambilas; and guidelines in Salinder Antil, Aman Preet Singh, Arnesh Kumar).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that he is innocent and falsely implicated; Meta Force does not fall within the purview of PCMCS Act or BUDS Act. The de facto complainant allegedly had cordial relations with the petitioner and was a member of Meta Force; the complaint is a result of personal grievance after an alleged incident of misbehavior by the complainant with a female Meta Force member. The petitioner has been in custody since 12.01.2024; investigation is largely complete, and recoveries have been effected. It is argued that bail is the rule, not the exception, and the court should apply the Salinder Antil, Aman Preet Singh and Arnesh Kumar guidelines, considering that the offences are non-violent and that the object of the investigation warrants grant of bail to prevent miscarriage of justice and avoid unnecessary detention. The defense points to the absence of concluded evidence of profit or hidden gains from Meta Force and argues the project is a crypto/virtual venture outside the relevant Acts.”,

Contentions of Respondents

The State contends that the petitioner is the mastermind behind an online scam affecting thousands of depositors. Meta Force purportedly collected about Rs. 1.29 crore from around 2,500 depositors, with Rs.28.77 lakh contributed by the de facto complainant. The accused conducted meetings at hotels, ran five WhatsApp groups, and operated five bank accounts, suggesting a large-scale operation. Second accused remains at large; there is a possibility of further offences and similar schemes (as indicated by related cases). Investigations are ongoing, and recoveries are yet to be effected; releasing the petitioner could jeopardize witnesses and tamper with evidence. The prosecution emphasizes the gravity of the offences, the public deception involved, the likelihood of repeated offences, and the need to prevent obstruction of justice and tampering with evidence. The courts should not grant bail at this nascent stage and must ensure thorough investigation and deterrence of further criminal activity.

Cited Precedents (7)

Case NameCitationTreatmentExplanation
Prasanta Kumar Sarkar v. Ashis Chatterjee and Another(2010) 14 SCC 496PositiveCited for bail factors to be considered by the court; enumerates criteria governing grant or refusal of bail.
Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav and anotherAIR 2004 SC 1866PositiveQuoted for well-settled bail law and the need for discretion with reasons.
Ram Govind Upadhyay v. Sudarshan Singh and others2002 (3) SCC 598PositiveCited to support bail guidelines and factors to be considered.
Puran v. Rambilas and another(2001) 6 SCC 338PositiveCited for bail-related principles and risk considerations.
Salinder Kumar Antil v. Commissioner of Police and another2022 Livelaw (SC) 577PositiveGuidelines on bail considerations cited from a recent Supreme Court decision.
Aman Preet Singh v. C.B.I2021 SCC Online (SC) 941PositiveCited for contemporary bail guidelines and caution against unnecessary detention.
Arnesh Kumar v. State of Bihar(2014) 8 SCC 173PositiveCited for bail jurisprudence and to emphasize proper detention standards.

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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 C.S.DIAS** **FRIDAY, THE 9[TH] DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945** **BAIL APPL. NO. 774 OF 2024** **CRIME NO.61/2024 OF Palakkad Town South Police Station,** ## **Palakkad** **AGAINST THE ORDER in CRMC 321/2024 OF III ADDITIONAL** **SESSIONS COURT, PALAKKAD** ## **PETITIONER/ACCUSED NO.1:** MIDHUN DAS AGED 35 YEARS S/O RAMALDISHNAN, VICTORIA POURNAMI VILLA, ALAMPALLAM ,KALLEPPULLI, PALAKKAD, PIN - 678005 BY ADVS. AYSHA YOUSEFF AKHEELA FARZANA ## **RESPONDENTS/STATE:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD, PIN - 678013 **OTHER PRESENT:** SR.P.P.SMT.SEETHA.S. **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON 9.2.2024 PASSED THE FOLLOWING:** 2 Bail Application No.774 of 2024 ## **C.S.DIAS,J** **====================== Bail Application No.774 of 2024 ----------------------------------Dated this the 9[th] day of February, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973(‘Code’, for short), by the first accused in Crime No.61/2024 of the Palakkad Town South Police Station, registered against the accused (two in number) for allegedly committing the offences punishable under Sections 406, 420 r/w 34 of the Indian Penal Code, Sections 3,4,5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (in short ' PCMCS Act) and Sections 3 and 21 of the Banning of Unregulated Deposit Schemes Act, 2019 ( 'BUDS Act' in short). 3 Bail Application No.774 of 2024 2. The essence of the prosecution case is that, the accused 1 and 2 without any sanction or permission collected money from the public for an online project named 'Meta Force'. They made the de facto complainant believe that they are the promoters of the said project. They conducted motivation classes at various hotels in Palakkad Town and induced the general public to deposit money in the said project. The accused 1 and 2 induced the de facto complainant to transfer an amount of Rs.28,77,500/- to the bank account of the first accused during the period from 1.8.2023 to 31.12.2023. However, the accused failed to give any profit or return the deposited amount to the de facto complainant. Thus, the accused have committed the above offences. 3. The petitioner had filed a similar application before the Court of the Additional Sessions Judge-III, Palakkad. However, the court below, by Annexure -4 order, dismissed the bail application. 4 Bail Application No.774 of 2024 4. Heard; Sri.Mohammed Youseff, the learned Senior Counsel appearing for the petitioner and Smt.Seetha.S., the learned Public Prosecutor. 5. The learned Senior Counsel strenuously argued that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The offences alleged against the petitioner will not be attracted to the facts of the case. Actually, the de facto complainant was one of the members of the business project named 'Meta Force'. The said project was dealing in virtual currency. Meta Force was born within the polygon ecosystem, combines gaming, social networking and virtual reality into a fast-growing metaverse where users create business communities and participate in NFT trading. The Force Coin dealt with by Meta Force is a crypto coin just like the Bit Coin and other crypto currencies. The petitioner has been maintaining friendship with the de facto complainant for the last ten years. The de facto complainant had misbehaved with a female 5 Bail Application No.774 of 2024 member of the Meta Force team. When the petitioner complained about his misbehavior`, he developed a grudge towards him. It is an aftermath of the said incident that the de facto complainant has presently filed the frivolous complaint. Annexure 5 to Annexure 7 series establish that the de facto complainant was having a cordial relationship with the petitioner. The transactions conducted by the Meta Force do not fall within the purview of the BUDS Act or the PCMCS Act. The petitioner has been in judicial custody since 12.1.2024. The investigation in the case is practically complete and recovery has been effected. The petitioner's further detention is unnecessary. It is well settled that bail is rule and jail is the exception. The court below has ignored the guidelines laid down by the Hon'ble Supreme Court in **Salinder Kumar Antil v. Commissioner of Police and another** [2022 Livelaw (SC) 577], **Aman Preet Singh v. C.B.I** [2021 SCC Online (SC) 941] and **Arnesh Kumar v. State of** 6 Bail Application No.774 of 2024 **Bihar** [(2014) 8 SCC 173] . Hence, the petitioner may be released on bail. 6. The learned Public Prosecutor vehementally opposed the application. She submitted that the petitioner is the mastermind of an online scam and the accused have cheated several innocent depositors. The petitioner is the promoter of 'Meta Force'. He conducted meetings at various hotels and solicited the public to invest money in the project. The investigation conducted so far has revealed that nearly 2500 depositors have invested their money. The transactions were conducted through five WhatsApp groups consisting of 500 members each. The petitioner has five bank accounts and has collected a total amount of Rs.1,29,15,306/-. The petitioner has received Rs.28,77,500/- from the de-facto complainant. The Chittoor Police have also registered Crime No.53/2024 in connection with a similar crime and the petitioner is the first accused in the said crime. The accused Nos.2 and 3 in the said crime have filed B.A No.559/2024 7 Bail Application No.774 of 2024 before this Court for an order of pre-arrest bail. The investigation is only at its nascent stage. Recoveries have to be effected. The second accused is still at large. The present crime is only the tip of the iceberg. The investigation reveals that the accused have committed similar offences. Therefore, if the petitioner is released on bail now, it would hamper with the investigation. There is every likelihood of the petitioner intimidating the witnesses and tampering with the evidence. Hence, the application may be dismissed. 7. The prosecution allegation is that, the accused 1 and 2 floated a company named 'Meta Force', promoted the said company by conducting motivation classes and meetings at different hotels in Palakkad and induced the public to invest money in the said project by assuring them profit. It is submitted that approximately 2500 depositors have deposited an amount of Rs.1,29,15,306/-. The de-facto complainant has deposited an amount of Rs.28,77,500/-. However, the accused have failed to pay profits to the depositors 8 Bail Application No.774 of 2024 or returned the amount. Thus, the accused have committed the above offences. 8. In **Prasanta Kumar Sarkar v. Ashis** **Chatterjee and Another** [(2010) 14 SCC 496], the Hon’ble Supreme Court has observed as follows: “9. …...... It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are: - (i) whether there is any prima facie or reasonable ground to - believe that the accused had committed the offence; - (ii) nature and gravity of the accusation: - (iii) severity of the punishment in the event of conviction; - (iv) danger of the accused absconding or fleeing, if released on bail; - (v) character, behaviour, means, position and standing of the accused; - (vi) likelihood of the offence being repeated; - (vii) reasonable apprehension of the witnesses being influenced; and - (viii) danger, of course, of justice being thwarted by grant of ## 9. The Hon’ble Supreme Court in **Kalyan Chandra** ## **Sarkar v. Rajesh Ranjan alias Pappu Yadav and another** [AIR 2004 SC 1866] has held thus: “11. The law in regard to grant or refusal of bail is very well settled. The Court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of 9 Bail Application No.774 of 2024 granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the Court granting bail to consider among other circumstances, the following factors also before granting bail; they are, - (a) The nature of accusation and the severity of punishment in - case of conviction and the nature of supporting evidence; - (b) Reasonable apprehension of tampering of the witness or - apprehension of threat to the complainant; - (c) Prima facie satisfaction of the Court in support of the charge. - See Ram Govind Upadhyay v. Sudarshan Singh and others (2002(3) SCC 598) and Puran v. Rambilas and another (2001 (6) SCC 338)” 10. On an anxious consideration of the facts, the materials placed on record, the rival submissions made across the bar, and on comprehending the nature, seriousness and gravity of the offences alleged against the petitioner, the potential severity of the punishment that is likely to be imposed on him in the event of his conviction, that the investigation in the case is still at the preliminary stage, that the recoveries have to be effected, that the second accused is still absconding and there is another case of a similar nature registered 10 Bail Application No.774 of 2024 against the petitioner, I am not inclined to release the petitioner on bail at this stage because there is a danger of justice being thwarted. Therefore, the application is only to be dismissed. Resultantly, the application is dismissed. Sd/- **C.S.DIAS, JUDGE** ma/07.02.2024 11 Bail Application No.774 of 2024 ## **APPENDIX OF BAIL APPL. 774/2024** |PETITIONER ANNEXURES|PETITIONER ANNEXURES| |---|---| |Annexure 1|TRUE COPY OF FIR NO. 61/2024 OF THE| ||PALAKKAD TOWN SOUTH POLICE STATION DATED| ||10.1.2024| |Annexure 2|THE TRUE COPY OF THE NOTICE ISSUED BY| ||2ND RESPONDENT TO THE 1ST PETITIONER| ||DATED 10.1.2024| |Annexure 3|TRUE COPY OF THE NOTICE ISSUED TO THE| ||FRIEND OF THE PETITIONER DATED| ||11.01.2024| |Annexure 4|TRUE COPY OF ORDER OF THE ADDITIONAL| ||DISTRICT AND SESSIONS COURT IN| ||CRL.M.C.321/2024 DATED 25/01/2024| |Annexure 5|THE PHOTO OF DEFACTO COMPLAINANT WITH| ||HIS WIFE UPLOADED IN THE METAFORCE| ||WALLET SHOWING THE METAFORCE ID AND| ||WALLET ADDRESS DATED NIL| |Annexure 6|A SCREENSHOT OF THE METAFORCE WHATSAPP| ||GROUP SHOWING THE DEFACTO COMPLAINANT| ||AND HIS ACTIVE INVOLVEMENT ARID BUSINESS| ||DEAL| |Annexure 6(a)|A SCREENSHOT OF THE METAFORCE WHATSAPP| ||GROUP SHOWING THE DEFACTO COMPLAINANT| ||AND HIS ACTIVE INVOLVEMENT AND BUSINESS| ||DEAL| |Annexure 6(b)|A SCREENSHOT OF THE METAFORCE WHATSAPP| ||GROUP SHOWIRIG THE DEFACTO COMPLAINANT| ||AND HIS ACTIVE INVOLVEMENT AND BUSINESS| ||DEAL| |Annexure 6(c)|A SCREENSHOT OF THE METAFORCE WHATSAPP| ||GROUP SHOWING THE DEFACTO COMPLAINANT| ||AND HIS ACTIVE INVOLVEMENT AND BUSINESS| ||DEAL| |Annexure 6(d)|A SCREENSHOT OF THE METAFORCE WHATSAPP| ||GROUP SHOWING THE DEFACTO COMPLAINANT| ||AND HIS ACTIVE INVOLVEMENT AND BUSINESS| ||DEAL| |Annexure 6(e)|A SCREENSHOT OF THE METAFORCE WHATSAPP| ||GROUP SHOWING THE DEFACTO COMPLAINANT| ||AND HIS ACTIVE INVOLVEMENT AND BUSINESS| ||DEAL| |Annexure 7|ONLINE POSTER MESSAGES SHOWING THE| ||INCOME RECEIVED BY THE DEFACTO| ||COMPLAINANT| |Annexure 7(a)|ONLINE POSTER MESSAGES SHOWING THE| 12 Bail Application No.774 of 2024 |||INCOME RECEIVED BY THE DEFACTO| |---|---|---| |||COMPLAINANT| |Annexure|7(b)|ONLINE POSTER MESSAGES SHOWING THE| |||INCOME RECEIVED BY THE DEFACTO| |||COMPLAINANT| |Annexure|7(c)|ONLINE POSTER MESSAGES SHOWING THE| |||INCOME RECEIVED BY THE DEFACTO| |||COMPLAINANT| |Annexure|7(d)|ONLINE POSTER MESSAGES SHOWING THE| |||INCOME RECEIVED BY THE DEFACTO| |||COMPLAINANT| |Annexure|7(e)|ONLINE POSTER MESSAGES SHOWING THE| |||INCOME RECEIVED BY THE DEFACTO| |||COMPLAINANT| |Annexure|8|DEFACTO COMPLAINANT'S FATHERS PROFILE IN| |||THE METAFORCE SITE SHOWING HIS| |||PHOTOGRAPH AND WALLET ID| |Annexure|8(a)|DEFACTO COMPLAINANT'S FATHERS PROFILE IN| |||THE METAFORCE SITE SHOWING HIS| |||PHOTOGRAPH AND WALLET ID| |Annexure|9|THE RELEVANT PORTION OF THE DEFACTO| |||COMPLAINANT'S WALLET TRANSACTION| |||STATEMENT DEALING WITH FORCE COIN| |Annexure|9(a)|THE RELEVANT PORTION OF THE DEFACTO| |||COMPLAINANT'S WALLET TRANSACTION| |||STATEMENT DEALING WITH FORCE COIN| |Annexure|9(b)|THE RELEVANT PORTION OF THE DEFACTO| |||COMPLAINANT'S WALLET TRANSACTION| |||STATEMENT DEALING WITH FORCE COIN|