High Court Kerala High Court

Rajan vs State Of Kerala Represented By on 9 June, 2009

Kerala High Court
Rajan vs State Of Kerala Represented By on 9 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2901 of 2009()


1. RAJAN, S/O.VELAPPAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. DETECTIVE INSPECTOR,

3. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.LATHEESH SEBASTIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/06/2009

 O R D E R
                       K.T.SANKARAN, J.
                  ---------------------------------
                  B.A.Nos.2901 & 2907 of 2009
                 ----------------------------------
              Dated this the 9th day of June, 2009


                              ORDER

These applications are under Section 439 of the Code of

Criminal Procedure by the 7th accused in CBCID Crime

Nos.203/CR/TVM/2008 and 218/CR/TVM/2008.

2. The offences alleged against the petitioner in both

these cases are under Sections 406, 409, 420 and 120B read

with Section 34 of the Indian Penal Code. The petitioner was

arrested on 10.9.2008 in respect of another crime and formal

arrest was recorded in these cases on 16.3.2009.

3. The first accused in these cases is one Sabarinath,

who is the son of the petitioner. The petitioner is the Managing

Partner of two financial institutions under the name and style “I

NEST” and “TOT TOTAL”.

4. The learned Director General of Prosecution submitted

that one firm was registered by two partners, namely, Sabarinath

and the petitioner, under the name and style ‘Nest Investment

Solutions’ and using that registration number, the accused

persons pretended that there are other firms like I NEST, TOT

BA Nos.2901 & 2907/2009 2

TOTAL and SJR Group. The prosecution case is that offering very

huge rate of interest, the accused persons induced more than

1000 people to deposit huge amounts in the firms and they did

not return the money as and when demanded by the depositors.

It is alleged that the partners of the firms were not authorised to

collect the deposits and that false information was given to the

public regarding insurance and fixed deposits in the name of the

firms, while really, there was no insurance coverage and no fixed

deposits. It is alleged that fake fixed deposit receipts were

shown to the depositors to make them believe that the firms are

having sound financial position. The depositors invested amounts

under the hope that they will get exorbitant interest. Taking

advantage of the situation, the petitioner and the other accused

persons exploited the general public among whom many belong

to middle class and lower middle class families. The prosecution

also alleges that the petitioner is the Managing Partner of ‘I

NEST’ and that he personally canvased 40 persons to deposit

money.

5. The learned counsel for the petitioner stated that the

BA Nos.2901 & 2907/2009 3

petitioner is only a class four employee in a co-operative Bank

and he continues to be in service.

6. The learned Director General of Prosecution stated

that the petitioner was leading a very luxurious life and that he

had spent Rs.14 lakhs for renovation of his residential building.

It is also stated by the Director General of Prosecution that

valuation of the renovation work was done by an approved valuer

to ascertain the actual amount spent for renovation of the

building. The investigation is in progress. It is submitted by the

learned Director General of Prosecution that if the petitioner is

released on bail at this stage, there is every likelihood that he

would try to influence or intimidate the witnesses and he would

make himself scarce.

7. Taking into account the facts and circumstances of the

case, I am not inclined to grant bail to the petitioner at this

stage.

The Bail Applications are accordingly dismissed.

K.T.SANKARAN,
JUDGE
csl