Roy V Kuruvila vs State Of Kerala And Ors

Application for anticipatory bail under Section 438 of Cr.P.C. The applicant is the 3rd accused in Crime No.454/CBCU II EKM of 2019 of CBCID,

Ernakulam for having allegedly committed offence punishable under Section 420 r/w Section 34 of IPC. The crime was originally registered at

Nedumbassery Airport Police Station and later handed over to the CBCID for investigation.

The prosecution case, in brief, is that the applicant had in furtherance of common intention with the other co-accused, dishonestly and fraudulently

induced the de facto complainant to part with a sum of Rs.10 lakhs for the purpose of investment in a company named Davani Silks at

Moovattupuzha, promising that they would be paid good dividends and returns. But he was cheated by the company by not returning his money nor did

he receive any dividends or profits from the shares.

The applicant states that he is a Mechanical Engineer by profession and had functioned as a Lecturer in Peerumedu Engineering College during the

period 2009-2014. He does not have any intention to cheat the de facto complainant and he himself had invested huge amounts in the company and

sustained heavy loss. The company had run into loss and therefore the amounts could not be repaid. He is willing to cooperate with the investigation.

He has been granted bail in other connected matters and he is appearing before the investigating officer with out any fail as directed by this Court. He

is willing to cooperate in this case also. Therefore he may be granted anticipatory bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The applicant has been involved in series of cases and he has already granted bail in number of cases. This is also a similar case, in which the

company had allegedly taken money from investors and cheated them. I do not find any reason that the applicant may abscond or not cooperating with

the investigation. Therefore, the application is allowed. The applicant is directed to surrender before the investigating officer within two weeks. In the

event of his being arrested, after interrogation and recovery if any, he shall be released on bail on execution of bond for Rs.1,00,000/- (Rupees one

lakh only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on following further conditions:

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not also attempt to influence the witnesses or tamper with evidence.

(iii) He shall not get involved in any other similar crimes during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.