Isaac N A vs State Of Kerala

C.Pratheep Kumar, J

This is an application for anticipatory bail filed under Section 438 Cr.P.C by accused No.2 and 3 in Crime No.206 of 2024 of Piravam Central Police Station, Ernakulam. The offence alleged against the petitioners are under Sections 420 r/w 34 IPC.

The Prosecution case is that the petitioners being the Chairman and Managing Directors of Nedumpillil Financial Company, with the intention to cheat and to make unlawful gain from the defacto complainant, received huge amount as deposits and cheated the defacto complainant without returning the deposit amount and its interest.

According to the petitioners, altogether there are 24 cases of similar nature against the petitioners at present, out of which this Court granted regular bail in 20 cases as per Annexure A6 order.

The application for bail in the present case was declined as arrest of  the  petitioners  were  not  recorded  at  the  time  of  passing Annexure A6 order.  Now the petitioners seek anticipatory bail as they apprehend arrest in this case.

The application was opposed by the learned Public Prosecutor. According to him, the petitioners were arrested and questioned in all the cases and major portion of the investigation is completed.

Since regular bail was denied to the petitioners as per Annexure A6 order solely for the reason that their arrest was not recorded at that time, I am inclined to allow this application subject to conditions.

In the result, this application is allowed subject to the following conditions:-

(i) Petitioners shall be released on bail on executing bond for Rs.50,000/- (fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the trial court, in case they are arrested in connection with the above crime.

(ii) Petitioners shall co-operate with the investigation and they shall not intimidate or influence the witnesses or tamper with the evidence.

(iii) Petitioners shall not leave India without the prior permission of the trial court.