IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10175 of 2011() ------------------------------ CRMP.2831/2011 of J.M.F.C.-II, ALUVA CRIME NO.1310 OF 2011 OF KALAMASSERY POLICE STATION .................... PETITIONER/5TH ACCUSED ------------------------------------------ BABY JOSE,S/O.LATE P.V.JOSEPH,AGED 42 YEARS,PERMANENTLY RESIDING AT LIVRA, 32-LINK VALLEY, PO KUSUMAGIRI POST,KAKKANAD, ERNAKULAM DISTRICT 683 031, AND NOW RESIDING AT PALLIPARAMBAN HOUSE,B-4,V.B.HERITAGE, PO THRIKKAKKARA,KOCHI 682 021. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE ADDITIONAL DIRECTOR GENERAL OF POLICE(CRIMES) CRIME BRANCH CID(ECONIMIC OFFENCES WING), THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CB CID SUB-UNIT, ERNAKULAM,JN INTERNATIONAL STATIUM, KALOOR, KOCHI-17. BY P.P.SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, ALONG WITH BA NO. 10176 OF 2011 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------------------------------- B.A.Nos. 10175, 10176, 10177 & 10565 OF 2011 ----------------------------------------------------------------- Dated this the 23rd day of December, 2011 ORDER The petitioner in these Bail Applications is the same person, namely, Baby Jose, who is accused No.5 in all the crimes in respect of which the Bail Applications were filed. 2. The Bail Application Number, Crime Number and date of arrest in respect of the each Bail Applications are shown below: B.A.No. Crime No. Police Station Date of arrest/ Date of formal arrest 10175/2011 1310 of 2011 Kalamassery 18.11.2011 10176/2011 1311 of 2011 Kalamassery 18.11.2011 10177/2011 1541 of 2011 Kalamassery 18.11.2011 10565/2011 564 of 2011 Chavakkad 23.11.2011 3. The offences alleged against the accused are under Sections 420 read with 34 of the Indian Penal Code and B.A.Nos. 10175, 10176, 10177 & 10565 OF 2011OF 2011 2 Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Scheme(Banning) Act. 4. The prosecution case is that the petitioner collected huge amounts from hundreds of persons, promising high returns on the amount deposited by the depositors in the Nano Excel Enterprises. It is alleged that the depositors were made to believe that they would get several times of profit on the amounts deposited by them, and they will get perennial income from the deposits. 5. The learned counsel for the petitioner submitted that the petitioner is a victim and he had lost his money. 6. The learned Public Prosecutor submitted that the petitioner was acting as the promoter of the Company, and he received a sum of `1,32,45,960/- as commission from the Company. The learned Public Prosecutor also produced before me for perusal the publication called “Nanogist”, in which the activities of the Nano Excel Companies have been indicated. It is submitted that in the said publication, the B.A.Nos. 10175, 10176, 10177 & 10565 OF 2011OF 2011 3 photographs of the petitioner are also seen. The learned Public Prosecutor submitted that the petitioner used to take classes to the intending depositors. 7. The Nano Excel Corporation, Nano Power Corporation and Nano Excel Enterprises were started by Harish Babu Maddineni. He moved Bail Applications and raised various contentions. Those contentions were rejected and the Bail Applications filed by him were dismissed by the order dated 31st October, 2011 (vide Harish Babu Maddineni v. State of Kerala (2011(4) KLT 637) . 8. The offences alleged against the petitioner are grave in nature. There are hundreds of cases in which the petitioner is involved. Detailed investigation is required. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. It is also most likely that the petitioner would intimidate and influence the witnesses and tamper with evidence, if bail is granted to him at this stage. B.A.Nos. 10175, 10176, 10177 & 10565 OF 2011OF 2011 4 For the aforesaid reasons, the Bail Applications are dismissed. K.T.SANKARAN, JUDGE. cms B.A.Nos. 10175, 10176, 10177 & 10565 OF 2011OF 2011 5 K.T.SANKARAN, J. ----------------------------------------------------------------- B.A.Nos. 10175, 10176, 10177 & 10565 OF 2011 ----------------------------------------------------------------- Dated this the 20th day of December, 2011 ORDER The learned Additional Director General of Prosecution submitted that the petitioner has collected a sum of Rs.1,31,00,000/- (Rupees One Crore Thirty One lakhs only) from the Company as commission. The learned Public Prosecutor will produce for perusal the material on the basis of which the submission is made. Post on 22.12.2011. Handover copy to both sides. K.T.SANKARAN, JUDGE. cms