IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Crl.MC.No. 3536 of 2011() ------------------------- CRIME NO:144/CR/2010 OF C.B.C.I.D. .................... PETITIONER(S): ACCUSED NO.3 --------------------------- T.SURENDRAN, S/O RAVUNNI NAIR, THARAYIL HOUSE, MUTHOOR, TIRUR, MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF POLICE, C.B.C.I.D (EOW-III), MALAPPURAM UNIT- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3536 of 2011() APPENDIX PETITIONERS ANNEXURES: ANNEXURE A: COPY OF THE ORDER IN CRL.M.C. NO:2494/2011 & CONNECTED CASES DATED 11.8.2011 OF THIS HON'BLE COURT RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3536 OF 2011 (F) ------------------------------------------ Dated this the 15th day of November, 2011 O R D E R The petitioner is the 3rd accused in Crime No:144/CR/2010 of C.B.C.I.D. (EOW-III). The Crime was registered against three accused including the petitioner, herein. The accused 1 and 2, therein, are the Chairman and Managing Director of 'Golden Bankers', of which the petitioner was the General Manager. It was alleged that the Golden Bankers has collected money from so many investors and depositors and they committed misappropriation of crores of rupees. The Investigating Officer chose to make this petitioner/A3 as Approver. Petition to that effect was filed before C.J.M. Manjeri. It was brought to my notice that he had given statement in all the crimes including this crime. Altogether 10 crimes were Crl. M.C. No: 3536 OF 2011 (F) -2- registered. In all other 9 crimes, this petitioner was granted bail by the learned Magistrate. It is submitted by the learned counsel for the petitioner that a common statement was given by this petitioner before the learned C.J.M., Manjeri, expressing his desire to give a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence. The statements with regard to the same were not recorded since, in this crime the petitioner was not granted bail. The learned counsel submits that if the petitioner appears before the Magistrate and gives statement as provided under section 306(1) Cr.P.C., then in view of section 306(4)(b) of the Code, he may have to be detained in custody until termination of the trial as he is not on bail in this case. So, this petition has been filed, by the Crl. M.C. No: 3536 OF 2011 (F) -3- petitioner, to grant bail, as otherwise he may have to be detained in custody until the conclusion of the trial. In this connection the learned counsel has relied upon the decision of Shammi Firoz Vs. National Investigation Agency, 2010 (4) KLT 409, where this Court was inclined to grant bail to the petitioner. Here, the offence alleged is only section 420 of IPC. Of course, the amount involved is stated to be several crores, but the learned counsel for the petitioner submits that the allegation is actually against A1 and A2. What ever that be, since the petitioner was granted bail in all other 9 crimes, in the fitness of things, it is only just and proper that he is given benefit of bail. In order to ensure that the petitioner gives a full and true disclosure of the whole of the circumstances within his knowledge, the Magistrate will take the statements in all the crimes. After Crl. M.C. No: 3536 OF 2011 (F) -4- recording the statement, the learned Magistrate will grant bail to the accused on such conditions as the learned Magistrate may deem fit. It should be ensured that the petitioner should stick to his promise of giving a true and complete disclosure of the circumstances during trial. It must also be ensured that the petitioner does not leave the country and the State of Kerala before the closure of trial, for which also learned Magistrates can impose suitable conditions. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj