IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9868 of 2011() ----------------------------- CRIME NO.450/CR/11 OF CBCID (E.O.W.-III), KOZHIKODE ARISING OUT OF CRIME NO.163/2011 OF MEPPADI POLICE STATION, WAYANAD DT. PETITIONER/ACCUSD NOS.2&3 ------------------------------------ 1. ABDUL ARSHAD, S/O.SYED MUHAMMED, KOUSALLYA NAGAR, DESABHIMANI ROAD, ELAMAKKARA, COCHIN, ERNAKULAM DISTRICT. 2. P.T.KUNHUMUHAMMED, S/O.KUNHALAN, POOVANTHODI HOUSE, VATTALLUR, MAKKARAPARAMBU, MALAPPURAMA DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE DETECTIVE INSPECTOR, C.B.C.I.D(EOW-III), KOZHIKODE-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031. ADGP SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011 ALONG WITH B.A.NO.9869/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.Nos.9868 & 9869 of 2011 ----------------------------------- Dated this the 30th day of November, 2011 O R D E R The petitioners in the above two Bail Applications are the same persons and therefore, these Bail Applications are disposed of by this common order. The petitioners in Bail Application No.9868 of 2011 are accused Nos.1 and 7 in Crime No.450/CR/11 of C.B.C.I.D. (E.O.W.-III), Kozhikode. The petitioners in Bail Application No.9869 of 2011 are accused Nos.3 and 4 in Crime No.830/CR/11 of C.B.C.I.D. (E.O.W.-III), Kozhikode. Formal arrest of the petitioners was recorded in the cases on 27.6.2011 and 13.9.2011 respectively. 2. The offences alleged against the accused are under Section 420 of the Indian Penal Code and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No.43 of 1978). 3. Abdul Arshad and some others filed B.A.Nos.5641 of BA 9868 & 9869/11 2 2011 and connected cases, which were disposed of by the order dated 12th August, 2011. (See Abdul Arshad v. State of Kerala (2011 (3) KLT 796)). Thereafter, Abdul Arshad filed B.A.No.7550 of 2011 and connected cases, which were disposed of by the order dated 4th October, 2011. (See 2011 (4) KLT 297.) Those Bail Applications were dismissed on both the occasions. 4. The prosecution case is the following: Accused No.9 Abdul Arshad is the Managing Director of Bizarre Global Marketing Public Limited Company (hereinafter referred to as the Company). The Company was originally a Private Limited Company under the name Bizarre Marketing Systems Private Limited, which was incorporated on 2-11-2007. With effect from 18-6-2008, the name of the Company was changed as Bizzare Global Marketing Systems Private Limited. The Company became a Public Limited Company with effect from 14-7-2008. The allegation is that the accused persons induced several persons to subscribe to the membership and to take shares in the Company. The promise extended was that if they take shares, they will get commodities at reduced rates from the Supermarkets to be established by the BA 9868 & 9869/11 3 Company at different places in the State. It was also promised that if those who take shares canvass other persons to take shares, the former would be paid commission. Campaigns were held by the accused to induce persons to invest money. It was promised that those who canvass more persons would get more and more commission. About a lakh people were thus induced to invest money. In Wynad District alone, more than five thousand persons were so induced to invest money. The promise given by the accused was that within two years, they would get about eight times the money invested by them. The accused indulged in money chain business under the pretext that they were floating shares of the Company. The investors did not get the returns or the money invested by them. The accused did not fulfill the promises and the investors were cheated. 5. It is alleged that crimes were registered against the petitioners in various districts. The learned Additional Director General of Prosecution submitted that the preliminary figures show that a sum of more than ` 120 Crores was collected from the investors by the accused persons. BA 9868 & 9869/11 4 6. As per the order dated 24th November, 2011 in Bail Application No.9459 of 2011 and connected cases, bail was granted to the petitioners with effect from 6.12.2011. Accordingly, these Bail Applications are also allowed granting bail to the petitioners with effect from 6.12.2011. The petitioners shall be released on bail only on 6.12.2011 on their executing bond for ` 50,000/- (Rupees Fifty thousand only) each in each case with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following conditions: a) The petitioners shall report before the Deputy Superintendent of Police, CBCID EOW-III, Kozhikode between 9 A.M. and 11 A.M. on all Mondays, before the Assistant Commissioner, Crime Detachment, Thrissur between 9 A.M. and 11 A.M. on all Wednesdays and before the Deputy Superintendent of Police, Crime Branch, EOW, Ernakulam between 9 A.M. and 11 A.M. on all Saturdays, until final reports are filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall surrender their Passports before the Deputy Superintendent of Police, CBCID EOW-III, Kozhikode. If the Passports have already been seized or surrendered, the petitioners shall file an affidavit BA 9868 & 9869/11 5 indicating the same before the Court having jurisdiction, where they are bound to execute the bond for getting bail as aforesaid; d) The petitioners shall not leave the State of Kerala without the permission of this Court; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. K.T.SANKARAN JUDGE csl