IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6739 of 2008()
1. K.BABU, S/O. KARUNAKARAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. STATE HOUSE OFICER,
For Petitioner :SRI.DILIP MOHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :05/11/2008
O R D E R
K.HEMA, J.
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B.A.No. 6739 of 2008
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Dated this the 5th November, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 420 and 34 of the
Indian Penal Code. According to prosecution, deposits were
received from de facto complainant by accused 1 to 3 promising to
pay high interest. But, neither the interest was paid nor the amount
was returned and thereby de facto complainant was cheated by
accused 1 to 3.
3. Petitioner is the second accused in the crime. Learned
counsel for petitioner submitted that he is not even a partner of the
firm as revealed from the partnership deed which is produced
herewith.
4. Petitioner is a practising Advocate and he has nothing to
do with the business. But, he has been implicated only to coerce the
other accused to pay money. If anticipatory bail is not granted, it is
likely that he will be remanded to custody and hence, this petition is
filed for anticipatory bail.
5. Learned counsel for petitioner also submitted that an
action council was constituted by the political parties to settle the
issues. The first accused sold certain properties and raised Rs.1.5
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crores for distribution to various creditors and the said money was
entrusted with the action council in December, 2007. but, the said
amount was not distributed among the creditors and hence,
complaints after complaints are being filed. The petitioner is facing
threat of arrest and detention of such cases filed by various
creditors. However, in an earlier application for anticipatory bail
filed by accused 1 and 2, this Court granted anticipatory bail as per
order dated 21.10.2008 in B.A.No.6455 of 2008.
6. Taking into consideration the peculiar circumstances, this
court while granting anticipatory bail to accused 1 and 2 also
directed that the accused shall take necessary steps before the
respective courts for reference of the cases to Lok Adalat, after
giving notice to the action council. It was also observed by this
Court in the order that if any application is filed for reference, the
case shall be referred and posted beore the Lok Adalat without any
bail. Learned Sessions Judge was also directed to ensure that all
such cases are posted before the Lok Adalat which was presided
over by a competent senior judicial officer of the district.
7. Learned counsel for petitioner also submitted that first
accused is prepared to settle the whole issue and he is taking steps
to see that the cases are referred to the Lok Adalat for amicable
settlement by impleading the action council also, it is submitted. He
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is also taking all steps possible to raise money and see that all
creditors are paid the amount due. He could not pay the money only
due to peculiar circumstances and the accused had no intention to
cheat any person and no offence under Section 420 IPC strictly
going by the language of the Section, it is submitted. It is also
submitted that steps are being taken for reference of this case to
the Lok Adalat for settlement and that some cases are also referred
to the Lok Adalat and it is pending consideration before the Lok
Adalat.
8. Learned Public Prosecutor submitted that on consideration
of the facts and circumstances, this Court had granted anticipatory
bail in similar case to the co-accused. It is also submitted that this
is a fit case to be referred to the Lok Adalat for settling the issues
and hence he has no objection in granting anticipatory bail to the
petitioner, especially since willingness is shown by the co-accused
to pay off all the debt by entrusting the amount to the action council
as early as in 2007.
9. On hearing both sides, considering the peculiar facts and
circumstances of the case and taking into consideration the
willingness shown to pay off the debt etc., I find that anticipatory
bail can be granted to the petitioner on conditions.
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Hence, the following order is passed:
Petitioner shall surrender before the
investigating officer within seven days from today and
in the event of his arrest, he shall be released on bail
on his executing a bond for Rs.25,000/- with two
solvent sureties each for the like sum to the
satisfaction of the arresting officer on the following
conditions:
i) Petitioner shall co-operate with the
investigation.
ii) Petitioner shall report before the
investigating officer as and when
directed.
Petition is allowed.
K.HEMA, JUDGE
vgs.