IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Bail Appl..No. 8000 of 2011() ----------------------------- CRIME NO.753/2011 OF PALARIVATTOM POLICE STATION, ERNAKULAM .................... PETITIONERS/ACCUSED : ------------------------------ 1. K.A.SAJU, S/O.ABDUL KADER, POOVATTUMMOOTTIL KADAVIL, PUTHUPALLIPRAM KARA, THRIKKAKKARA NORTH VILLAGE, ERNAKULAM DISTRICT, (MANAGING DIRECTOR APPLE A DAY PROPERTIES PVT. LTD., APPLE TOWER, PALARIVATTOM, EDAPPALLY). 2. RAJEEV KUMAR CHERUVARA, S/O.GOVINDAN NAIR, DOOR NO.1/77, CHANDRA NIVAS, KUDIYIRICKKAPALLIL HOUSE, EDAPPALLY, ERNAKULAM DISTRICT, (DIRECTOR APPLE A DAY PROPERTIES PVT. LTD., APPLE TOWER, PALARIVATTOM, EDAPPALLY). BY ADV. SRI.K.GOPALAKRISHNA KURUP, SENIOR ADVOCATE SRI.S.MANU SMT.K.DEEPA (PAYYANUR) SRI.K.SURESH RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/10/2011, ALONG WITH BA NO.8122 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------- B.A.Nos.8000 & 8122 of 2011 --------------------------------------------- Dated this the 18th day of October, 2011 O R D E R Bail Application No.8000 of 2011 arises out of Crime No.753 of 2011 of Palarivattom Police Station, Ernakulam. Bail Application No.8122 of 2011 relates to Crime No.363 of 2011 of Aroor Police Station. Now the cases are pending as C.C.No.4853 of 2011 on the file of the court of the Judicial Magistrate of the First Class-I, Ernakulam and C.C.No.575 of 2011 on the file of the court of the Judicial Magistrate of the First Class, Cherthala respectively. 2. The offences alleged against the petitioners are under Sections 406 and 420 of the Indian Penal Code. 3. The allegation is that the petitioners collected huge amounts promising to construct flats for the de facto complainant in the cases, but they failed to construct the flats. More than 100 crimes were registered against the petitioners BA 8000 & 8122/2011 2 alleging similar offences. The petitioners approached this Court for bail and those Bail Applications were dismissed as per the order dated 7th September, 2011, reported in K.A.Saju and another vs. State of Kerala (2011(3) KHC 862) 4. It is submitted that in the aforesaid two cases charge was laid on 19.7.2011. In all other cases, the petitioners were granted default bail on the ground that charge was not laid within the time permitted under Section 167(2) of the Code of Criminal Procedure. 5. The petitioners surrendered before the Investigating Officer on 18.6.2011 in Crime No.753 of 2011 of Palarivattom Police Station and their formal arrest was recorded in Crime No.363 of 2011 of Aroor Police Station on 10.7.2011. 6. The learned State Prosecutor opposed the Bail Applications. He submitted that if the petitioners are released on bail, it would affect the registration of more than 400 crimes and the investigation of those crimes. It is submitted that 441 BA 8000 & 8122/2011 3 petitions have been received from various aggrieved persons who were allegedly cheated by the petitioners. The State Prosecutor submitted that those petitions are being processed and the crimes would be registered in due course. It is submitted that if the petitioners make themselves scarce after they are released on bail in the present cases, it would affect the investigation of the crimes to be registered. It is also submitted that in the nature of the allegations and the facts and circumstances of the cases, all the cases are to be clubbed together and if bail is granted in some cases, it would affect the investigation and filing of the charge sheet in other cases. 7. The petitioners are in judicial custody since 18.6.2011. It is submitted that Company Petition is pending before the company court for winding up of the company of which petitioners are the Managing Director and Director. The learned senior counsel appearing for the petitioners submitted that the petitioners intend to submit a scheme for revival and settlement in the Company Petition and it would not be possible for them to do so if they are detained in jail. BA 8000 & 8122/2011 4 8. Taking into account over all the facts and circumstances of the case and the fact that the petitioners are in judicial custody since 18.6.2011, I am inclined to grant bail to the petitioners on very stringent conditions. The petitioners shall be released on bail on their executing bond for Rupees One lakh each with two solvent sureties for the like amount to the satisfaction of the court concerned in the respective cases and also subject to the following conditions : a) The petitioners shall surrender their passport before the Court having jurisdiction. If the passport was seized by the police or if the petitioners do not have a passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners shall not leave the State of Kerala without permission of the Judicial Magistrate of the First Class-I, Ernakulam ; c) The petitioners shall report before the investigating officer who laid the charge on every Monday in Crime No.753 of 2011 of Palarivattom Police Station and on every Thursday in Crime No.363 of 2011 of Aroor Police Station until further orders; d) The petitioners shall not try to influence the BA 8000 & 8122/2011 5 prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN JUDGE csl