Mohammed Raneesh vs State Of Kerala

Gopinath P., J

1.This is an application for regular bail.

The petitioner in B.A.No.343 of 2022 is the 5th accused in Crime No.627/2021 of Kannur City police Station. The petitioner in B.A.No. 526/2022 is

the 6th accused in the same case and the petitioner in B.A.No.519/2022 is the 7th accused in that case.

The allegation against the petitioners is that they together with other accused in the case fraudulently and dishonestly designed a money circulation

scheme in the name of an entity known as Long Rich Technologies and had promoted and propagated the scheme by inviting deposits, promising high

returns. The allegation is that the de facto complainant was swindled of money in the above manner and thereby the petitioners committed offenses

alleged against them.

The learned counsel appearing for the petitioners in these cases would submit that the 1st accused in this case who is stated to have received

money from the de facto complainant has already been granted bail by this Court through order dated 09.12.2021 in B.A.No.9184/2021. It is submitted

that the petitioners in these cases are absolutely innocent in the matter and they themselves where duped by the company. It is submitted that the

petitioners are only bonafidie promotes of the scheme of the company and they had no intention of cheating the defacto complainant or any other

person. It is submitted that the the petitioner in B.A.No.343/2022 has been in custody from 28.12.2021, the petitioner in B.A.No. 526/2022 has been in

custody from 03.01.2022 and the petitioner in B.A.No.519 of 2021 has been in custody from 05.01.2022. The learned counsel submitted that the

continued detention of the petitioners these cases is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioners were clearly involved with the entity known as Long

Rich Technologies and duping investors of money promising high returns. It is submitted that the case is under investigation and the release of the

petitioners on bail may affect the progress of investigation as there is every chance that the material witnesses etc. may be influence the matter. It is

submitted that there are several similar cases against the company and it is submitted that according to the information now available more than

thousand crores were collected by the aforesaid entity in a fraudulent manner. However it is clarified that the petitioners in these cases are accused

only in Crime No.627/2021, where the allegation is that the de facto complainant was swindled of an amount of Rs.2,10,000/-.

Having regard to the facts and circumstances of the case and considering that the petitioners in these cases are accused only in Crime

No.627/2021, where the allegation is that the petitioners along with the other accused duped the de facto complainant of a sum of Rs.2,10,000/- and

considering that the petitioners have been in custody from the dates mentioned above. Having the view that the petitioners can be granted bail

especially since the 1st accused in the case has been granted bail in the very same crime.

Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties for the like

sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the investigating officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.