# **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. 9091 OF 2023**
**CRIME NO.407/2023 OF KARIKOTTAKARI POLICE STATION, KANNUR**
## **PETITIONER/2ND ACCUSED:**
SHOUKATHALI M.M AGED 43 YEARS, SON OF MOIDU, RESIDING AT MELEPPATTU VALAPPIL HOUSE, THRITHALLOOR, VADANAPPALLY, THRISSUR, THRISSUR DISTRICT - 680 619. HAVING ADDRESS AT MELEPPATTU VALAPPIL HOUSE, NANNAMMUKKU P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN – 679575 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
## **RESPONDENT/STATE:**
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Bail Appl..9093/2023, 9094/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
..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. 9093 OF 2023**
**CRIME NO.467/2023 OF VALAPPATANAM POLICE STATION, KANNUR**
## **PETITIONER/2ND ACCUSED:**
SHOUKATHALI M.M AGED 43 YEARS, SON OF MOIDU, RESIDING AT MELEPPATTU VALAPPIL HOUSE, THRITHALLOOR, VADANAPPALLY, THRISSUR, THRISSUR DISTRICT - 680 619. HAVING ADDRESS AT MELEPPATTU VALAPPIL HOUSE, NANNAMMUKKU P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN – 679575 BY ADVS. T.MADHU RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL C.R.SARADAMANI
## **RESPONDENT/STATE:**
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Bail Appl..9091/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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# **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. 9094 OF 2023**
**CRIME NO.235/2023 OF MATTANNUR POLICE STATION, KANNUR**
## **PETITIONER/2ND ACCUSED:**
SHOUKATHALI M.M AGED 43 YEARS, SON OF MOIDU, RESIDING AT MELEPPATTU VALAPPIL HOUSE, THRITHALLOOR, VADANAPPALLY, THRISSUR, THRISSUR DISTRICT - 680 619. HAVING ADDRESS AT MELEPPATTU VALAPPIL HOUSE, NANNAMMUKKU P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN – 679575 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
## **RESPONDENT/STATE:**
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Bail Appl..9091/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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# **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. 9097 OF 2023**
**CRIME NO.590/2023 OF MATTANNUR POLICE STATION, KANNUR**
## **PETITIONER/9TH ACCUSED:**
SHOUKATHALI M.M AGED 43 YEARS, SON OF MOIDU, RESIDING AT MELEPPATTU VALAPPIL HOUSE, THRITHALLOOR, VADANAPPALLY, THRISSUR, THRISSUR DISTRICT - 680 619. HAVING ADDRESS AT MELEPPATTU VALAPPIL HOUSE, NANNAMMUKKU P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN – 679575 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
## **RESPONDENT/STATE:**
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Bail Appl..9091/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
..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. 9102 OF 2023**
**CRIME NO.453/2023 OF MATTANNUR POLICE STATION, KANNUR**
## **PETITIONER/5TH ACCUSED:**
SHOUKATHALI M.M AGED 43 YEARS, SON OF MOIDU, RESIDING AT MELEPPATTU VALAPPIL HOUSE, THRITHALLOOR, VADANAPPALLY, THRISSUR, THRISSUR DISTRICT - 680 619. HAVING ADDRESS AT MELEPPATTU VALAPPIL HOUSE, NANNAMMUKKU P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN – 679575 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
## **RESPONDENT/STATE:**
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Bail Appl..9091/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
..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. 9103 OF 2023**
**CRIME NO.236/2023 OF MATTANNUR POLICE STATION, KANNUR**
## **PETITIONER/2ND ACCUSED:**
SHOUKATHALI M.M AGED 43 YEARS, SON OF MOIDU, RESIDING AT MELEPPATTU VALAPPIL HOUSE, THRITHALLOOR, VADANAPPALLY, THRISSUR, THRISSUR DISTRICT - 680 619. HAVING ADDRESS AT MELEPPATTU VALAPPIL HOUSE, NANNAMMUKKU P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN – 679575 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
## **RESPONDENT/STATE:**
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Bail Appl..9091/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
..7..
# **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. 9104 OF 2023**
**CRIME NO.570/2023 OF MATTANNUR POLICE STATION, KANNUR**
## **PETITIONER/2ND ACCUSED:**
SHOUKATHALI M.M AGED 43 YEARS, SON OF MOIDU, RESIDING AT MELEPPATTU VALAPPIL HOUSE, THRITHALLOOR, VADANAPPALLY, THRISSUR, THRISSUR DISTRICT - 680 619. HAVING ADDRESS AT MELEPPATTU VALAPPIL HOUSE, NANNAMMUKKU P.O., CHANGARAMKULAM, MALAPPURAM DISTRICT, PIN – 679575 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
## **RESPONDENT/STATE:**
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SRI. P.G. MANU (MAMMALASSERY), SR.PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Bail Appl..9091/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
..8..
## **MOHAMMED NIAS C.P., J.**
## **- - - - - - - - - - - - - - - - - - - - -**
B.A.Nos. 9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
**- - - - - - - - - - - - - - - - - - - - - - - - - - -**
Dated this the 7[th] day of November, 2023
## **O R D E R**
These applications are filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
2. In **B.A.No.9091/2023** which arises from Crime No.407/2023 of Karikottakari Police Station, alleging offence under Sections 420 read with Section 34 of the Indian Penal Code. The petitioner is arrayed as the 2[nd] accused. He was arrested on 24/08/2023.
3. In **B.A.No.9093/2023** which arises from Crime No.467/2023 of Valapattanam Police Station, alleging offence under Sections 409, 420 read with Section 34 of the Indian Penal Code. The petitioner is arrayed as the 2[nd] accused. He was arrested on 26/09/2023.
4. In **B.A.No.9094/2023** which arises from Crime No.235/2023 of Mattannur Police Station, alleging offence under Sections 409, 420 read with Section 34 of the Indian Penal Code. The petitioner is arrayed as the 2[nd] accused. He was arrested on 11/09/2023.
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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5. In **B.A.No.9097/2023** which arises from Crime No.590/2023 of Mattannur Police Station, alleging offence under Sections 409, 420 read with Section 34 of the Indian Penal Code. The petitioner is arrayed as the 9[th] accused. He was arrested on 11/09/2023.
6. In **B.A.No.9102/2023** which arises from Crime No.453/2023 of Mattannur Police Station, alleging offence under Sections 409, 420 read with Section 34 of the Indian Penal Code. The petitioner is arrayed as the 5[th] accused. He was arrested on 11/09/2023.
7. In **B.A.No.9103/2023** which arises from Crime No.236/2023 of Mattannur Police Station, alleging offence under Sections 409, 420 read with Section 34 of the Indian Penal Code. The petitioner is arrayed as the 2[nd] accused. He was arrested on 11/09/2023.
8. In **B.A.No.9104/2023** which arises from Crime No.570/2023 of Mattannur Police Station, alleging offence under Sections 409, 420 read with Section 34 of the Indian Penal Code. The petitioner is arrayed as the 2[nd] accused. He was arrested on 11/09/2023.
9. The allegation against the petitioner is that he was one of the Directors of Kannur Urban Nidhi Ltd., which had accepted amounts as Fixed Deposits and Recurring Deposits in different instalments
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
**==> picture [32 x 9] intentionally omitted <==**
commencing from 04/10/2021 by promising higher returns. All these crimes were registered when the accused did not return the principal amount or the interest and allegedly cheated the depositors. It is pointed out that there are 139 cases where the petitioner has been arrayed as an accused and in 130 of them the petitioner was granted bail.
10. The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives.
11. The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail. Learned Public Prosecutor further submits that there are several cases against the Directors and persons in management of Kannur Urban Nidhi Ltd., who obtained huge amounts from the depositors by promising at least 12.5% interest. Neither the principal amount nor the interest was repaid and cases were filed by the depositors.
12. After considering the rival submissions and the fact that the petitioner was arrested on 24/08/2023 in Crime No.407/2023, 26/09/2023 in Crime No.467/2023 and in the other crimes on 11/09/2023 and the fact that charge sheet has not been filed in any of these cases and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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petitioner.
Accordingly, these applications are allowed, and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall report before the Investigating Officer as and when directed.
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioner shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.
(v) The petitioner shall surrender his passport, if any, if not already surrendered, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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thereafter.
(vi) The petitioner shall furnish his present address, along with his mobile phone number, to the court concerned as well as to the investigating officer.
(vii) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per 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 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**
APA
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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## **APPENDIX OF BAIL APPL. 9094/2023**
PETITIONER ANNEXURES Annexure A1
THE TRUE COPY OF THE FIR DATED 20/2/2023 IN CRIME NO.235/2023 OF MATTANNORE POLICE STATION; KANNUR DISTRICT
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
**==> picture [32 x 8] intentionally omitted <==**
## **APPENDIX OF BAIL APPL. 9097/2023**
PETITIONER ANNEXURES Annexure A1
THE TRUE COPY OF THE FIR DATED 6/6/2023 IN CRIME NO.590/2023 OF MATTANNORE POLICE STATION; KANNUR DISTRICT
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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## **APPENDIX OF BAIL APPL. 9102/2023**
PETITIONER ANNEXURES Annexure A1
THE TRUE COPY OF THE FIR DATED 28/4/2023 IN CRIME NO.453/2023 OF MATTANNORE POLICE STATION; KANNUR DISTRICT
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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## **APPENDIX OF BAIL APPL. 9103/2023**
PETITIONER ANNEXURES Annexure A1
THE TRUE COPY OF THE FIR DATED 20/2/2023 IN CRIME NO.236/2023 OF MATTANNORE POLICE STATION; KANNUR DISTRICT
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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## **APPENDIX OF BAIL APPL. 9104/2023**
PETITIONER ANNEXURES Annexure A1
THE TRUE COPY OF THE FIR DATED 1/6/2023 IN CRIME NO.570/2023 OF MATTANNORE POLICE STATION; KANNUR DISTRICT
B.A.Nos.9091, 9093, 9094, 9097, 9102, 9103 & 9104/2023
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## **APPENDIX OF BAIL APPL. 9091/2023**
PETITIONER ANNEXURES Annexure A1
THE TRUE COPY OF THE FIR DATED 27/6/2023 IN CRIME NO.407/2023 OF KARIKOTTAKARI POLICE STATION; KANNUR DISTRICT