Kerala High Court
Preni Mohan vs State Of Kerala on 17 December, 2024
2024:KER:95402
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9739 OF 2024
CRIME NO.1734/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
NINU M.DAS
S.A.ANAND
BINEESH KODIYERI
SHONE GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
PP - T S JIBU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.12.2024,
ALONG WITH BAIL APPL..9740/2024, 9742/2024 AND CONNECTED CASES, THE COURT
ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9740 OF 2024
CRIME NO.907/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
S.A.ANAND
NINU M.DAS
SHONE GEORGE
BINEESH KODIYERI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2024, ALONG WITH BAIL APPL..9739/2024 AND CONNECTED CASES, THE
COURT ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9742 OF 2024
CRIME NO.596/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
NINU M.DAS
S.A.ANAND
BINEESH KODIYERI
SHONE GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2024, ALONG WITH BAIL APPL..9739/2024 AND CONNECTED CASES, THE
COURT ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9743 OF 2024
CRIME NO.336/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER DATED 04.06.2024 IN BAIL APPL. NO.10293 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
S.A.ANAND
NINU M.DAS
SHONE GEORGE
BINEESH KODIYERI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2024, ALONG WITH BAIL APPL..9739/2024 AND CONNECTED CASES, THE
COURT ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9744 OF 2024
CRIME NO.271/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
NINU M.DAS
S.A.ANAND
BINEESH KODIYERI
SHONE GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2024, ALONG WITH BAIL APPL..9739/2024 AND CONNECTED CASES, THE
COURT ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9745 OF 2024
CRIME NO.261/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
S.A.ANAND
NINU M.DAS
SHONE GEORGE
BINEESH KODIYERI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2024, ALONG WITH BAIL APPL..9739/2024 AND CONNECTED CASES, THE
COURT ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9746 OF 2024
CRIME NO.162/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER DATED 04.06.2024 IN BAIL APPL. NO.10275 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
NINU M.DAS
S.A.ANAND
SHONE GEORGE
BINEESH KODIYERI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2024, ALONG WITH BAIL APPL..9739/2024 AND CONNECTED CASES, THE
COURT ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 17TH DAY OF DECEMBER 2024 / 26TH AGRAHAYANA, 1946
BAIL APPL. NO. 9747 OF 2024
CRIME NO.234/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER DATED 04.06.2024 IN BAIL APPL. NO.10277 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.5:
PRENI MOHAN
AGED 38 YEARS
W/O. RAJESH, KAVERI BHAVAN, CHINGAVANAM P.O, KOTTAYAM,
PIN - 686531
BY ADVS.
S.A.ANAND
NINU M.DAS
SHONE GEORGE
BINEESH KODIYERI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.12.2024, ALONG WITH BAIL APPL..9739/2024 AND CONNECTED CASES, THE
COURT ON 17.12.2024 DELIVERED THE FOLLOWING:
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
9
COMMON ORDER
[Bail Application Nos. 9739, 9740, 9742, 9743, 9744, 9745,
9746 and 9747 of 2024]
Dated this the 17th day of December, 2024
These bail applications have been filed under
Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023,
seeking regular bail and the petitioner is the 5th accused in
Crime Nos.1734, 907, 596, 336, 261, 271, 234 of 2023 and 4 th
accused in Crime No.162 of 2023 of Thiruvalla Police Station,
Pathanamthitta.
2. In Crime No.1734/2023, the prosecution allegation
is that, the 1st accused being the Managing Director and other
accused, who are the Directors of M/s SN Chitty Fund and
Bankers, jointly collected Rs.7,95,000/- starting from 2013
(Rs.3,31,000/- from the defacto complainant and
Rs.4,64,000/- from the daughter of the defacto complainant]
offering 12% interest on assuring that M/S. S.N. Chitty Fund
and Bankers obtained licence from Reserve Bank to run
finance business after suppressing the fact that they had no
licence to do financial business. Accordingly, the accused
illegally collected the above said amount and they failed to
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
10
give interest along with the principal amount as agreed and
thereby committed breach of trust as well as cheating
punishable under Sections 406, 409 and 420 read with 34 of
the Indian Penal Code (‘IPC‘ for short hereinafter) and under
Sections 3 read with 21(1)(2)(3) and 5 read with 23, and 25(1)
of the Banning of Unregulated Deposit Schemes Act, 2019
(hereinafter referred to as ‘BUDS Act).
3. In Crime No.907/2023, the prosecution allegation is
that, the 1st accused being the Managing Director and other
accused, who are the Directors of M/s SN Chitty Fund and
Bankers jointly collected Rs.9,00,000/- from the defacto
complainant during the period from 01.01.2013 to
20.07.2023, in similar fashion. Accordingly, the accused
illegally collected the above said amount and they failed to
give interest along with the principal amount as agreed and
thereby committed breach of trust as well as cheating
punishable under Sections 406, 409 and 420 read with 34 IPC
and under Sections 3 read with 21(1)(2)(3) and 5 read with
23, and 25(1) of the BUDS Act.
4. In Crime No.596/2023, the prosecution allegation is
that, the 1st accused being the Managing Director and other
accused, who are the Directors of M/s SN Chitty Fund and
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
11
Bankers jointly collected Rs.50,000/- from the defacto
complainant during 2018 and Rs.2,40,000/- on 02.11.2020
amounting to total sum of Rs.2,90,000/-, in similar fashion.
Accordingly, the accused illegally collected the above said
amount and they failed to give interest along with the
principal amount as agreed and thereby committed breach of
trust as well as cheating punishable under Sections 406, 409
and 420 read with 34 IPC and under Sections 3 read with
21(1)(2)(3) and 5 read with 23, and 25(1) of the BUDS Act.
5. In Crime No.336/2023, the prosecution allegation is
that the 1st accused being the Managing Director and the
other accused who are the Directors of M/S. S.N. Chitty Fund
and Bankers offered 18% interest (Rs.1,500/- per month for
Rs.1 lakh) and on the said offer jointly collected Rs.7 lakhs
(Rs.4 lakh from the husband and Rs.3 lakh from the wife) in
between 26.05.2019 to 17.06.2019 on assuring them that
M/S. S.N. Chitty Fund and Bankers obtained licence from
Reserve Bank to run finance business after suppressing the
fact that they had no license to do financial business.
Accordingly, the accused illegally collected the above said
amount and they failed to give interest along with the
principal amount as agreed and thereby committed breach of
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
12
trust as well as cheating punishable under Sections 406, 409
and 420 read with 34 IPC and under Sections 3 r/w 21(2), (3),
5 r/w 23, 25(1) of the BUDS Act.
6. In Crime No.271/2023, the prosecution allegation is
that, the 1st accused being the Managing Director and other
accused, who are the Directors of M/s SN Chitty Fund and
Bankers jointly collected Rs.15,00,000/- from the defacto
complainant during the period from 01.10.2017 to
23.10.2019, in similar fashion. Accordingly, the accused
illegally collected the above said amount and they failed to
give interest along with the principal amount as agreed and
thereby committed breach of trust as well as cheating
punishable under Sections 406, 409 and 420 read with 34 IPC
and under Sections 3 read with 21(1)(2)(3) and 5 read with
23, and 25(1) of the BUDS Act.
7. In Crime No.261/2023, the prosecution allegation is
that, the 1st accused being the Managing Director and the
other accused who are the Directors of M/s. S.N. Chitty Fund
and Bankers jointly collected Rs.44,52,360/- from the defacto
complainant offering 10% interest from 08.10.2014 to
12.06.2020 on assuring them that M/S. S.N. Chitty Fund and
Bankers obtained licence from Reserve Bank to run finance
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
13
business after suppressing the fact that they had no licence to
do financial business. Accordingly, they illegally collected the
above said amount and they failed to give interest along with
the principal amount as agreed and thereby committed
breach of trust as well as cheating punishable under Sections
406, 409 and 420 read with 34 IPC and under Sections 3 read
with 21(1)(2)(3) and 5 read with 23, and 25(1) of the BUDS
Act.
8. In Crime No.162/2023, the prosecution allegation is
that, the 1st accused being the Managing Director and the
other accused who are the Directors of M/s. S.N. Chitty Fund
and Bankers jointly collected Rs.6,00,000/- from the defacto
complainant offering 10% interest from 01.06.2019 on
assuring them that M/S. S.N. Chitty Fund and Bankers
obtained licence from Reserve Bank to run finance business
after suppressing the fact that they had no licence to do
financial business. Accordingly, they illegally collected the
above said amount and they failed to give interest along with
the principal amount as agreed and thereby committed
breach of trust as well as cheating punishable under Sections
406, 409 and 420 read with 34 IPC and under Sections 3 read
with 21(1)(2)(3) and 5 read with 23, and 25(1) of the BUDS
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
14
Act.
9. In Crime No.234/2023, the prosecution allegation is
that, the 1st accused, being the Managing Director and the
other accused who are the Directors of M/s. S.N. Chitty Fund
and Bankers jointly collected Rs.13,20,000/- from the defacto
complainant offering 12% interest on assuring them that M/S.
S.N. Chitty Fund and Bankers obtained licence from Reserve
Bank to run finance business after suppressing the fact that
they had no licence to do financial business. Accordingly, they
illegally collected the above said amount and they failed to
give interest along with the principal amount as agreed and
thereby committed breach of trust as well as cheating
punishable under Sections 406, 409 and 420 read with 34 IPC
and under Sections 3 read with 21(1)(2)(3) and 5 read with
23, and 25(1) of the BUDS Act.
10. Heard the learned counsel for the petitioner as well
as the learned Public Prosecutor, in detail. Perused the report
submitted by the learned Public Prosecutor.
11. While canvasing regular bail to the petitioner, who
altogether involved in ten crimes, the learned counsel for the
petitioner argued that the petitioner is innocent and though
she had held the post of Director of the company, she has no
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
15
involvement in the money transactions. Highlighting the
custody of the petitioner from 21.11.2024, the learned
counsel for the petitioner pressed for grant of regular bail.
12. Whereas the learned Public Prosecutor opposed
grant of regular bail to the petitioner highlighting the huge
scam of money at the instance of the accused, including the
petitioner, pointing out the crime history of the petitioner as
extracted under:
Previous criminal The petitioner is the accused in
records of the Thiruvalla PS
petitioner, if any 1. Cr.2381/21, 2. Cr. 2413/21, 3.
Cr.2361/21, 4. Cr.2512/21, 5. Cr.2466/21
6. Cr.2448/21, 7. Cr.121/21, 8.
Cr.2362/21 u/s 406, 409, 420, 34 IPC &
Sec 3 read with 21(1)(2)(3), 5 r/w 23,
25(1) of the BUDS Act.
13. According to the learned Public Prosecutor, the
investigation in these crimes not so far completed and
therefore, release of the petitioner on bail would be fatal to
the prosecution.
14. In this matter, it is discernible from the prosecution
records that, under the guise of running of a chitty company
by name SN Chitty Fund and Bankers, without any license or
authorization from the Reserve Bank, the accused persons
illegally carried out money lending business, keeping deceitful
2024:KER:95402
B.A.No. 9739 of 2024 & conn. cases
16
intention at the very inception to cheat and defraud the
persons who would deposit into the company, collected huge
amount of money, as stated in each crimes and thereafter
failed to repay the amount along with interest and even failed
to repay the principal amount. Therefore, the prosecution
allegations are well made out, prima facie.
15. While addressing the absolute innocence
canvassed by the learned counsel for the petitioner, I have no
hesitation to observe that the 1 st accused and other accused
persons including the petitioner being directors of
M/s.S.N.Chitty Fund and Bankers have common intention to
cheat and defraud the depositors after swallowing lakhs of
rupees deposited by them by offering high rate of interest and
by running the chitty business without obtaining licence or
any legal authorisation, prima facie and the allegations are
serious. Therefore, the role of all accused is specifically made
out from the prosecution records, prima facie and they could
not be held as innocent before trial. Thus, the matter would
require effective investigation and trial.
16. However, taking into consideration the custody of
the petitioner from 21.11.2024, I am of the view that, further
custody of the petitioner, for the purpose of investigation is
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B.A.No. 9739 of 2024 & conn. cases
17
not necessary and she can be enlarged on bail.
Therefore, these petitions stand allowed. The petitioner is
enlarged on bail on conditions:
i. The petitioner shall be released on bail on
executing bond for Rs.50,000/- (Rupees Fifty Thousand
Only) with two solvent sureties, each for the like amount
to the satisfaction of the Jurisdictional court concerned.
ii. The petitioner shall not intimidate the
witnesses or tamper with evidence. She shall co-operate
with the investigation and shall be available for trial.
iii. The petitioner shall appear before the
Investigating Officer as and when directed, apart from
appearing before the Investigating Officer on all
Mondays between 9 am and 10 am, for a period of one
month.
iv. The petitioner shall not, directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of this case, so as to dissuade
him from disclosing such facts to the court or to any
police officer.
v. The petitioner shall not involve in any other
offence during the currency of bail and any such event,
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B.A.No. 9739 of 2024 & conn. cases
18
if reported or came to the notice of this court, the same
alone shall be a reason to cancel the bail hereby
granted.
vi. The petitioner shall not leave the jurisdiction
of the Jurisdictional Court without prior permission of the
Jurisdictional Court.
Sd/-
A. BADHARUDEEN
SK
JUDGE