David George vs State Of Kerala

Ziyad Rahman A.A., J

This bail application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

This bail application is submitted by the accused No.5 in Crime No.987 of 2022 registered by Koipuram Police Station, Pathanamthitta. The offences alleged against the petitioner are under Sections 420 read with Section 34 of the Indian Penal Code and also under Sections 5 read with Sections 23, 25(1) and 3 read with Section 21(2)(3) of the Banning of Unregulated Deposit Schemes Act.

The allegation against the petitioner and other accused in the above crime is that the accused persons collected huge amounts from the respective de facto complainants with a promise to return the same with a high interest rate. However, they neither provided the returns as offered, and the amount was also not refunded. Various complaints were submitted by a large number of persons against the accused persons, and crimes were registered accordingly. It is pointed out that the petitioner has been in custody since 11.01.2023 in connection with some other crimes, even though the formal arrest in all these cases was recorded on 03.02.2023.

The contention put forward by the learned counsel for the petitioner is that he was only a financial manager of the company which accepted the deposits, and he being an employee, was not having any control over the affairs of the said company. It is further submitted that the petitioner is falsely implicated in the above said crime and also that he is prepared to abide by any of the conditions imposed. It is further pointed out that, in two of the cases registered against him, the petitioner was granted bail as per orders dated 12.01.2023 in B.A. No.10353 of 2022 and the order dated 03.02.2023 in B.A. No.487 of 2023 by this Court.

On the other hand, the learned Public Prosecutor opposed the aforesaid applications and submitted that, as against the petitioner now more than 150 cases had been registered, and huge amounts were misappropriated by the petitioner, which was collected from a large number of persons offering a high rate of interest. It is pointed out that if the petitioner is released on bail, he is likely to abscond, which will affect the investigation of the cases and the trial to be conducted.

I have gone through the records and heard the contentions raised for both sides. There are indeed allegations against the petitioner, and he is involved in several other cases of similar nature as well. However, the specific contention put forward by the learned counsel for the petitioner is that he was only one of the employees of the institution which collected the deposits, and he had no control over the affairs of the same. It is also pointed out that the petitioner resigned from the service of the said company one year before the registration of the said offences.

After considering all the relevant aspects and also taking note of the fact that the petitioner has been in custody for the past more than two months (in connection with the other crimes and for more than one month in these crimes), I am of the view that bail can be granted to the petitioner. While taking this view, I have also taken note of the orders of bail passed by this Court in B.A. Nos.487 of 2023 and 10353 of 2022. From the materials placed on record, it is evident that the investigation has progressed substantially, and further incarceration of the petitioner appears to be not necessary. As far as the apprehension voiced by the learned Public Prosecutor is concerned, I am of the view that the same can be addressed by incorporating appropriate conditions to ensure the presence of the petitioner and also his cooperation with the investigation. Accordingly, the petitioner is directed to be released on bail subject to the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required.

v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court.

vi) The petitioner shall not commit any offence of like nature while on bail.

vii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

viii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application  for  cancellation  of  bail,  if  any,  and  pass  appropriate orders in accordance with law.