IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7835 of 2008() ----------------------------------- CRIME NO.NOT KNOWN OF PATTAMBI POLICE STATION APPLICANTS/ACCUSED : ----------------------------- 1. R.VEERAMANI, AGED 60 YEARS, S/O. LATE ASK RAMA IYER, VEERAMANI BUILDINGS, MAIN ROAD, PATTAMBI, PALAKKAD DIST. 2. R.KASI VISWANATHAN, AGED 61 YEARS, S/O. LATE ASK RAMA IYER, VEERAMANI BUILDINGS, MAIN ROAD PATTAMBI, PALAKKAD DIST. 3. KALYANI VEERAMANI, AGED 56 YEARS, W/O. VEERAMANI VEERAMANI BUILDINGS, MAIN ROAD PATTAMBI, PALAKKAD DIST. 4. GIRIJA KASI VISWANATHAN, AGED 60 YEARS, W/O. KASI VISWANATHAN, VEERAMANI BUILDINGS, MAIN ROAD PATTAMBI, PALAKKAD DIST. 5. R.KRISHNAN, AGED 47 YEARS, S/O. LATE ASK RAMA IYER, VEERAMANI BUILDINGS, MAIN ROAD PATTAMBI, PALAKKAD DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN Bail Appl..No. 7835 of 2008() RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. BY S.I. OF POLICE, PATTAMBI POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7835 OF 2008 ------------------------------ Dated this the 8th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406 and 420 of I.P.C. According to prosecution, petitioners are partners in a family business, doing business in textiles. They also used to take money from public promising to pay interest. The defacto complainant deposited Rs.3 Lakhs, but he was not paid interest and the money also not returned. 3. Learned counsel for petitioners submitted that petitioners were actually doing textile business in textiles under the style and name 'Veeramani Textiles'. Recently, they had a financial crisis in the business and they found it difficult to pay the amount. Therefore, an action council was formed at the instance of the petitioners themselves and property worth Rs.25 crores was sold to raise money to pay off the entire debt. Every effort is taken to pay the debts but in the meantime, it appears that some advice was given that unless the depositors file a case, they will not get the money. 4. Therefore, one after the other started filing petitions. In B.A.No.7835 of 2008 2 8 such cases, petitioners have already been granted anticipatory bail but it is likely that others may also file petitions, it is submitted. Petitioners are prepared to pay back the money and they have also raised money and entrusted the same with the action council and therefore, if they are arrested and remanded, they will suffer irreparable injury and loss. The partners include women family members who are not directly involved in the business of the firm. Therefore, anticipatory bail may be granted, it is submitted. 5. Learned Public Prosecutor submitted that petitioners are accused in crime no.516/08 of Pattambi Police station and petitioners 1 and 2 may be directed to surrender before the Investigating Officer and co-operate with the investigation, subject to that, he has no objection in granting anticipatory bail to all petitioners. Both sides agree that the cases of similar nature against petitioners can be referred to Lok Adalath for settlement. On hearing both sides, I find that in the light of the efforts taken by petitioners to pay off the debts, anticipatory bail can be granted, and on the facts and circumstance of this case, it is also B.A.No.7835 of 2008 3 to be directed that the learned Sessions Judge makes some arrangements so that cases filed against petitioners of similar nature shall be referred to the Lok Adalath and a settlement be arrived at. In the result, the following order is passed: 1) Petitioner nos.1,2 shall surrender before the Investigating Officer within 7 days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Arresting officer on the following conditions : i) Petitioners shall report before the Investigating Officer as and when directed. ii) Petitioners shall take all efforts to see that the amount due is paid off, without any delay, either directly or through the action council. iii) Petitioners shall not commit any offence while on bail. 2) Petitioner nos.3, 4 and 5 shall surrender before the Magistrate court concerned and they shall be B.A.No.7835 of 2008 4 released on bail, on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioners shall report before the Investigating Officer as and when directed. ii) Petitioners shall not commit any offence while on bail. 3) Learned Sessions judge is directed to make suitable arrangements to see that case of similar nature pending against petitioners are referred to the Lok Adalath for settlement and necessary directions are issued by him in accordance with law. The petition is allowed. K.HEMA, JUDGE pac