Waseem Thondikodan @ T Vaseem v. State of Kerala

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ## `BAIL APPL. NO. 2697 OF 2024` ``` CRIME NO.142/2024 OF Nadakkavu Police Station, Kozhikode ``` ## `PETITIONER/ACCUSED NO.1:` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE, PIN - 673014 BY ADVS. RAMEEZ NOOH P.RAFTHAS RONIT ZACHARIAH BADIR SADIQUE ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY SHO NADAKKAVU POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SMT NEEMA T V ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2698/2024, 2699/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 2 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ## `BAIL APPL. NO. 2698 OF 2024` ``` CRIME NO.97/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE, PIN - 673014 ``` ``` BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE P.RAFTHAS ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 3 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2699 OF 2024 ``` ``` CRIME NO.98/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE -, PIN - 673014 BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH P.RAFTHAS BADIR SADIQUE ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 4 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2701 OF 2024 ``` ``` CRIME NO.99/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE -, PIN - 673014 BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE P.RAFTHAS ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SMT SEETHA S ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 5 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ## `BAIL APPL. NO. 2702 OF 2024` ``` CRIME NO.108/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE, PIN - 673014 ``` ``` BY ADVS. RAMEEZ NOOH P.RAFTHAS RONIT ZACHARIAH BADIR SADIQUE ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SMT SEETHA S ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 6 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ## `BAIL APPL. NO. 2704 OF 2024` ``` CRIME NO.114/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE -, PIN - 673014 BY ADVS. RAMEEZ NOOH P.RAFTHAS RONIT ZACHARIAH BADIR SADIQUE ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SMT SEETHA S ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 7 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2705 OF 2024 ``` ``` CRIME NO.139/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE -, PIN - 673014 BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH P.RAFTHAS BADIR SADIQUE ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SMT NEEMA T V ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 8 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ## `BAIL APPL. NO. 2707 OF 2024` ``` CRIME NO.100/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE, PIN - 673014 ``` ``` BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE P.RAFTHAS ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP NEEMA T V ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 9 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2708 OF 2024 ``` ``` CRIME NO.140/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE -, PIN - 673014 BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE P.RAFTHAS ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 10 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2709 OF 2024 ``` ``` CRIME NO.153/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE -, PIN - 673014 BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE P.RAFTHAS ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 **-: 11 :-** ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 1[ST] DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2710 OF 2024 ``` ``` CRIME NO.212/2024 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED NO.1: ``` ``` WASEEM THONDIKODAN @ T VASEEM AGED 38 YEARS S/O T MOIDEEN KUTTY, FLAT NO. 104B, HILITE MALL, PALAZHI KOZHIKODE -, PIN - 673014 BY ADVS. RAMEEZ NOOH RONIT ZACHARIAH BADIR SADIQUE P.RAFTHAS ``` ## `RESPONDENT/STATE:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2024, ALONG WITH Bail Appl..2697/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 12 :-** ## **C. S. DIAS, J.** = = = = = = = = = = = = = = = = = ## **B. A. Nos. of 2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024** - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1[st] day of April, 2024 ## **COMMON ORDER** The applications are filed under Section 439 of the Code of Criminal Procedure, by the 1[st] accused in Crime Nos.142/2024, 97/2024, 98/2024, 99/2024, 108/2024, 114/2024, 139/2024, 100/2024, 140/2024, 153/2024 and 212/2024, all of the Nadakkavu Police Station, Kozhikode, registered against the accused for allegedly committing the offences punishable under Section 420 of the Indian Penal Code and Section 21 r/w 3 of the Banning of Unregulated Deposit Schemes Act, 2019 [for short, ‘the BUDS Act’]. The petitioner was arrested in the above crimes on 30.01.2024. 2. The common case of the prosecution in the 11 crimes is that: the accused had induced the defacto complainants in the respective crimes to make daily deposits B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 13 :-** in their establishment named SIS Banc, and thereafter, they refused to return the deposits to the defacto complainants. The 1[st] accused in these crimes is the Managing Director of the said establishment. Thus, the accused have committed the above offences. 3. Heard Sri.Rameez Nooh, the learned counsel appearing for the petitioner and Sri.C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. The offences under section 420 of the Indian Penal Code and the BUDS Act will not be attracted for the facts of these cases. The petitioner was not in charge of the administration and management of the establishment. The dispute between the accused and the defacto complainants is purely civil in nature. In any given case, the petitioner has been in judicial custody since 30.01.2024, the offences alleged are all punishable for a period of less than 10 B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 14 :-** years and the Investigating Officer has not laid the final reports in any of the crimes. Therefore, the petitioner is entitled to statutory bail as contemplated under the proviso to subsection (2) of Section 167 of the Code of Criminal Procedure. Hence, the applications may be allowed. 5. The learned Public Prosecutor opposed the applications. He submitted that the petitioner is a person with criminal antecedents. The petitioner is the Managing Director of the establishment which collected deposits from the defacto complainants. There are several cases registered against the petitioner. The investigation in the case is in progress. If the petitioner is released on bail, there is every likelihood of him interfering with the investigation, intimidating the witnesses and fleeing from justice. Nonetheless, he conceded to the fact that the offences alleged against the petitioner are all punishable for a period of less than 10 years and the investigating Officer has not laid the final report. 6. Indisputably, the petitioner has been in judicial B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 15 :-** custody since 30.01.2024 i.e., 61 days. The offences alleged against the petitioner are punishable for a period of less than 10 years. Admittedly, the Investigating Officer has not laid the final report in the crimes, till date. 7. Subsection (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 twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is wellfounded, 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 B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 16 :-** 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 be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] [(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 17 :-** medium of electronic video linkage;] (c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. [Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.] [Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.] [Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.] 8. Interpreting sub-section (ii) of Section 167 of the Code, the Constitutional Bench of the Honourable Supreme Court in **Sanjay Dutt v.State through C.B.I., Bombay** B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 18 :-** ## **[(1994) 5 SCC 410]** has observed as follows:- "53.(2)(b) The "indefeasible right" of the accused to be released on bail in accordance with Section 20(4)(bb) of the TADA Act read with Section 167 of the Code of Criminal Procedure in default of completion of the investigation and filing of the challan within the time allowed, as held in Hitendra Vishnu Thakur is a right which enures to, and is enforceable by the accused only from the time of default till the filing of the challan and it does not survive or remain enforceable on the challan being filed. If the accused applies for bail under this provision on expiry of the period of 180 days or the extended period, as the case may be, then he has to be released on bail forthwith. The accused, so released on bail may be arrested and committed to custody according to the provisions of the Code of Criminal Procedure. The right of the accused to be released on bail after filing of the challan, notwithstanding the default in filing it within the time allowed, is governed from the time of filing of the challan only by the provisions relating to the grant of bail applicable at that stage." 9. 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 B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 19 :-** ## **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) 10. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, the materials placed on record, especially considering the fact that the offences alleged against the petitioner are punishable for a period of less than 10 years, the Investigating Officer has not laid the final report till date and the petitioner has been in judicial custody for the last 61 days, I am convinced that the petitioner is entitled to be released on statutory bail, since it is his indefeasible right under Section 167(2) of the Code. Hence, I allow the bail application. B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 20 :-** In the result, the applications are allowed, by directing the petitioner to be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum in each of the crimes, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer as and when required; (ii) The petitioner 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; (iii) The petitioner shall not commit any offence while he is on bail; (iv) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (v) Applications for deletion/modification of the bail conditions shall be filed and entertained before the B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 21 :-** court below. (vi) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (vii) 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 petitioner even while the petitioner is 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** Sbna/ B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 22 :-** ## `APPENDIX OF BAIL APPL. 2698/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.97/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3ED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 404/2024 ``` ``` Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 23 :-** ## `APPENDIX OF BAIL APPL. 2699/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.98/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 410/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 24 :-** ## `APPENDIX OF BAIL APPL. 2701/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.99/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 413/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 25 :-** ## `APPENDIX OF BAIL APPL. 2702/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.108/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 411/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 26 :-** ## `APPENDIX OF BAIL APPL. 2704/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.114/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 408/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 27 :-** ## `APPENDIX OF BAIL APPL. 2705/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.139/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 407/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 28 :-** ## `APPENDIX OF BAIL APPL. 2707/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.100/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 18.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 409/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 29 :-** ## `APPENDIX OF BAIL APPL. 2708/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.140/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 412/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 30 :-** ## `APPENDIX OF BAIL APPL. 2709/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.153/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 405/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 31 :-** ## `APPENDIX OF BAIL APPL. 2710/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.212/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 414/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ``` B.A Nos.2697, 2698, 2699, 2701, 2702, 2704, 2705, 2707, 2708, 2709 and 2710 of 2024 ## **-: 32 :-** ## `APPENDIX OF BAIL APPL. 2697/2024` ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE FIR IN CRIME NO.142/2024 REGISTERED ON THE FILES OF THE NADAKKAVU POLICE STATION ``` ``` Annexure A2TRUE COPY OF THE COMMON ORDER DATED 13.02.2024 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV, KOZHIKODE IN CMP NOS 99, 100, 101, 102, 103, 104, 105, 106, 107 AND 108/2024 ``` ``` Annexure A3CERTIFIED COPY OF ORDER DATED 19.03.2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE DIVISION IN CRL MC NO. 406/2024 Annexure A4TRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL MC NO. 1956 OF 2024 PASSED BY THIS HON'BLE COURT ```