IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 10203 of 2011 CRIME NO.197/CR/11 OF CBCID (EOW-III), KOZHIKODE. CRIME NO.161 OF 2011 OF VAITHIRI POLICE STATION. PETITIONERS : ACCUSED NOS.2 AND 3: ------------------------------ 1. ABDUL ARSHAD,S/O.SYED MUHAMMED, KOUSALLAYA NAGAR, DESABHIMANI ROAD, ELAMAKKARA, COCHIN, ERNAKUALM DISTRICT. 2. P.T.KUNHUMUHAMMED, S/O.KUNHALAN, POOVANTHODI HOUSE, VATTALLUR, MAKKARAPARAMBU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE” --------------- THE STATE OF KERALA REP.BY THE DETECTIVE INSPECTOR, C.B.C.I.D.(EOW-III)KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031 ADDITIONAL DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, ALONGWITH B.A.NOS.10205 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. Nos.10203, 10205, 10210 & 10219 of 2011 --------------------------------------------------------- Dated this the 7th day of December, 2011 O R D E R All the aforesaid four Bail Applications are filed by Abdul Arshad and Kunhumuhammed under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in several crimes registered at different police stations. 2. More than 50 Bail Applications were considered as per the order dated 24.11.2011 and bail was granted to the petitioners with effect from 6.12.2011. 3. The details regarding Bail Application number, Crime number and the date of arrest in respect of the aforesaid four Bail Applications are shown below: B.A. NO.10203 of 2011 AND CONNECTED CASES :: 2 :: Sl.No. Bail.Appl.No. Crime No. Date of arrest 1 10203/2011 161/2011 of Vaithiri Police Station 02/07/11 2 10205/2011 168/2011 of Meenangadi Police Station 02/07/11 3 10210/2011 169/2011 of Meppady Police Station 12/10/11 4 10219/2011 160/2011 of Vaithiri Police Station 02/07/11 4. 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). 5. Abdul Arshad and some others filed B.A.Nos.5641 of 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. B.A. NO.10203 of 2011 AND CONNECTED CASES :: 3 :: 6. The prosecution case is the following: 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 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 the Wynad District B.A. NO.10203 of 2011 AND CONNECTED CASES :: 4 :: 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. 7. 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. 8. After considering the contentions put forward by the learned counsel for the petitioners and the learned Additional Director General of Prosecution, bail was granted to the petitioners on stringent conditions, as per the order dated 24.11.2011. B.A. NO.10203 of 2011 AND CONNECTED CASES :: 5 :: 9. In the facts and circumstances, I am inclined to allow these Bail Applications. 10. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand 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, 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 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; B.A. NO.10203 of 2011 AND CONNECTED CASES :: 6 :: g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. These Bail Applications are allowed in the manner indicated above. (K.T.SANKARAN) Judge ahz/