IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Crl.MC.No. 2537 of 2011() --------------------------------------- (CRIME NO.1624/2011 OF ALUVA EAST POLICE STATION,ERNAKULAM DIST.) ..... PETITIONER(S): ACCUSED NOS. 1 TO 3: ------------------------------------------------------------ 1. BIJOY SEBASTIAN, AGED 45 YEARS, S/O. EANAS DEVASSIA, NEDUVILAKOOTTU VEEDU, KULAPPILLY LEENA THEATRE, KADANADUKARA, MEENACHIL VILLAGE, KOTTAYAM. 2. DR. SANDEEP.K. JOSE, AGED 42 YEARS, S/O.JOSEPH JOSE, NO.D/5 INFRA HILLOCK, PARIJATHAM ROAD, NEAR CHANGAMPUZHA NAGAR, PATHADIPALAM, THRIKKAKARA NORTH VILLAGE, KALAMASSERY, ERNAKULAM DISTRICT. 3. SUNIL HELDES, AGED 28 YEARS, S/O. HELDES MIRELDA, C/O. HAMSA, MAPILLIL HOUSE, THAYIKKATTUKARA, ALUVA WEST VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, ALUVA, ERNAKULAM DISTRICT - 682 035. 2. THE DIRECTOR GENERAL OF POLICE(LAW & ORDERS), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 3. THE SECRETARY (HOME AFFAIRS), GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. (ALL REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.) R1 TO R3 BY PUBLIC PROSECUTOR SRI. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2537/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE FIR (BOTH IN MALAYALAM AND IN ENGLISH) IN CRIME NO.1624/2011 OF ALUVA EAST POLICE STATION. ANNEX.B: COPY OF THE FIRST INFORMATION ALONG WITH THE DETAILS OF THE SEIZURES OF THE PROPERTIES IN THE ANNEXURE. ANNEX.B(1): ENGLISH TRANSLATION OF ANNEXURE B. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss B.P.RAY, J. -------------------------------------------------------------- Crl. M.C. Nos. 2537 of 2011 -------------------------------------------------------------- Dated this the 9th day of August, 2011. O R D E R Petitioners are accused Nos. 1 to 3 in Crime No. 1624/2011 of Aluva East Police Station, for offences punishable under Ss. 120B, 420 r/w 34 I.P.C. and S. 5 of the Price Chits & Money Circulation (Banning Act) 1978, pending before the Judicial First Class Magistrate Court – I, Aluva. 2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. The prayer in this petition is to quash the F.I.R. and in the alternative to transfer the investigation to Crime Branch and to accept the bail application of the petitioners and direct the learned Magistrate to entertain the bail application of the petitioners and release them on bail. I am not inclined to quash the F.I.R. at this stage. 4. The learned Public Prosecutor, on instruction, submits that these crimes are now being investigated by the Crime Branch by constituting a special team headed by Additional D.G.P. (Crime) and investigation of this case shall be transferred to Crime Branch Special Cell constituted by the State Government. In similar cases, this -2- Crl.M.C.2537/2011. court has directed to release the petitioners therein on stringent conditions. The petitioners are in custody since 22.6.2011. 5. Considering the nature of the allegations, I direct that the petitioners should be released on bail on furnishing a bond of Rupees two lakhs each with two sureties for the like amount to the satisfaction of the Judicial First Class Magistrate Court- I, Aluva. The petitioners shall also furnish cash surety for Rupees four lakhs each which shall be kept in deposit in the name of the Judge-in- charge of the accounts till conclusion of this case. The petitioners shall appear before the Investigating Officer once in a month, preferably second week of every month till the investigation is complete. The petitioners shall cooperate with the investigation and shall not try to tamper with the evidence. The Crl.M.C. is disposed of. B.P.RAY, JUDGE rka