Kerala High Court
Sathar P vs State Of Kerala on 12 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:42232
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025/22ND JYAISHTA, 1947
BAIL APPL. NO. 5223 OF 2025
CRIME NO.297/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SMT. SREEJA V., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-2-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5221/2025, 5229/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5221 OF 2025
CRIME NO.308/2024 OF MANNARKKAD POLICE STATION, PALAKKAD.
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SMT. SREEJA V., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-4-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.No.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5229 OF 2025
CRIME NO.694/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
MANNARGHAT POLICE STATION,
PALAKKAD, PIN - 678 582.
SMT. SREEJA V., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-6-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5235 OF 2025
CRIME NO.268/2024 OF MANNARKKAD POLICE STATION, PALAKKAD.
PETITIONER/S:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SMT. SREEJA V., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-8-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5272 OF 2025
CRIME NO.226/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SRI. NOUSHAD K A., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-10-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5276 OF 2025
CRIME NO.235/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SRI. NOUSHAD K.A. (PP)
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-12-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-13-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5303 OF 2025
CRIME NO.273/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SMT. SREEJA V., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-14-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-15-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5305 OF 2025
CRIME NO.216/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD, PALAKKAD,
PIN - 679 534.
BY ADV SHRI.RAFEEK. V.K.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-16-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5329 OF 2025
CRIME NO.693/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
MANNARGHAT POLICE STATION,
PALAKKAD, PIN - 678 582.
SMT. SREEJA V., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-17-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-18-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5330 OF 2025
CRIME NO.889/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O, MANNARKKAD PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
MANNARGHAT POLICE STATION,
PALAKKAD, PIN - 678 582.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-19-
SRI. NOUSHAD K.A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-20-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5378 OF 2025
CRIME NO.290/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN,PADUVIL HOUSE, ARIYOOR,KOTTAPADAM
P.O,MANNAKKAD PALAKKAD, PIN - 679 953.
BY ADVS.
SHRI.RAFEEK. V.K.
SMT.NISHNA P.T.
SMT.ANNLIYA FLEMIN
SHRI.MUHAMMED BILAL
SHRI.ABDULLA JAMAL
SHRI.SALIM M.M.
SMT.LYDIA ELIZABETH KOVOOR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SRI. NOUSHAD K.A. (PP)
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-21-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-22-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5407 OF 2025
CRIME NO.284/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P.,
AGED 40 YEARS,
S/O. HUSSAIN, PADUVIL HOUSE, ARIYOOR,
KOTTAPADAM P.O., MANNARKKAD, PALAKKAD,
PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.ANNLIYA FLEMIN
SMT.LYDIA ELIZABETH KOVOOR
SHRI.ABDULLA JAMAL
SHRI.MUHAMMED BILAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SMT. SREEJA V., PP
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-23-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-24-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 5434 OF 2025
CRIME NO.292/2024 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER:
SATHAR P,
AGED 40 YEARS,
S/O HUSSAIN, PADUVIL HOUSE, ARIYOOR, KOTTAPADAM
P.O, MANNARKKAD PALAKKAD, PIN - 679 534.
BY ADVS.
SHRI.RAFEEK. V.K.
SHRI.SALIM M.M.
SMT.NISHNA P.T.
SMT.LYDIA ELIZABETH KOVOOR
SMT.ANNLIYA FLEMIN
SHRI.MUHAMMED BILAL
SHRI.ABDULLA JAMAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATE STATION HOUSE OFFICER
MANNARGHAT POLICE STATION, PALAKKAD,
PIN - 678 582.
SRI. NOUSHAD K.A. (PP)
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-25-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, ALONG WITH BAIL APPL.NO.5223/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-26-
BECHU KURIAN THOMAS, J.
--------------------------------------
Bail Appl. Nos. 5223, 5235, 5276,
5330, 5329, 5272, 5229, 5221, 5303,
5305, 5378, 5434 and 5407 of 2025
------------------------------------
Dated this the 12th day of June, 2025
ORDER
These bail applications are filed under section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).
2. Petitioner is an accused in different crimes before the
Mannarkad Police Station. The following are the Crime Numbers in
which he is arrayed as an accused. The offences alleged against the
petitioner are under Section 420 of the Indian Penal Code, 1860, apart
from Section 3 r/w Section 21, 5 r/w Section 23 of Banning of
Unregulated Deposit Schemes Act, 2019 (for short ‘BUDS Act‘). Crime
Nos.297, 268, 235, 889, 693, 226, 694, 308, 273, 216, 290, 292 and
284 of 2024 respectively and petitioner is the accused in all the above
crimes.
3. The prosecution alleged that the accused had induced the
de facto complainants’ to invest large amounts of money promising to
disburse profits and also free medical aid in the hospital run by
accused Nos. 1 to 3 and thereafter failed to pay any profit and also
refused to give free medical aid and thereby committed the offences
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-27-
alleged.
4. I have heard, Sri.Rafeeq V K, the learned counsel for the
petitioner as well as Sr. Noushad K A and Smt.Sreeja V, the learned
Public Prosecutors.
5. The petitioner was the General Manager of CVR Multi
Speciality Hospital, Kunthipuzha. The Chairman and Director Board
members of the said hospital are alleged to have made promises to
various persons to invest, which would yield returns in the form of
profits as well as free medical treatment. However, contrary to the
promise, the de facto complainants were not given any profit, nor were
they provided with free medical aid and. Thereafter, they filed
separate criminal complaints, leading to the registration of the crime.
6. Petitioner had earlier approached this Court along with
accused Nos.1 to 4 in BA No.11456 of 2023. By an order dated
17.10.2024, a learned Single Judge of this Court granted anticipatory
bail in respect of two of the crimes registered against him. However,
the petitioner did not appear as directed therein. The learned counsel
for the petitioner pointed out that, when accused Nos.1 to 3 appeared
before the Investigating Officer pursuant to the order of the Court,
they were arrested on the basis of some other crimes and, therefore,
petitioner could not appear, fearing arrest as was done in respect of
accused Nos.1 to 3. It is thereafter that he has approached this Court
once again.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-28-
7. Though the allegations against the petitioner are serious,
considering the circumstances that he was only a general manager
who had practically no authority to make any promise as alleged and
accused Nos.1 to 3 are the persons who were primarily responsible for
the management of the affairs of the company, I am of the view that
the petitioner, despite failing to appear as directed earlier, ought to be
protected with an order of anticipatory bail, provided he appears for
interrogation.
8. In Sushila Aggarwal v. State (NCT of Delhi), 2020 (5)
SCC 1, it was held that while considering whether to grant
anticipatory bail or not, Courts ought to be generally guided by
considerations such as the nature and gravity of the offences, the role
attributed to the applicant, and the facts of the case. Grant of
anticipatory bail is a matter of discretion and the kind of conditions to
be imposed or not to be imposed are all dependent on facts of each
case, and subject to the discretion of the court.
9. In Ashok Kumar v. Union Territory of Chandigarh,
[2024 SCC OnLine SC 274], it has been held that a mere assertion on
the part of the State while opposing the plea for anticipatory bail that
custodial investigation is required would not be sufficient and that the
State would have to show or indicate more than prima facie case as to
why custodial investigation of the accused is required for the purpose
of investigation. In the instant case, the State has not been able to
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-29-
convince this Court that custodial investigation is necessary.
10. Since the learned counsel for the petitioner submitted
that he is seeking an extension of time on the bail orders already
served, where he had failed to appear because of the apprehension of
arrest in other cases, he may be granted a breathing time to appear
before the investigating officer. Considering the aforesaid submission
which seems to be genuine, I am of the view that a breathing time can
be granted to the petitioner for appearance.
11. On a consideration of the circumstances arising in the
case, this Court is of the view that though the allegations are serious in
nature, custodial interrogation of the petitioner is not required.
Further, having regard to the nature of the offence and the severity of
punishment,this Court is of the view that petitioner is entitled to be
released on pre-arrest bail.
Accordingly, these bail applications are allowed on the
following conditions:
(a) Petitioner shall appear before the Investigating Officer on
07.07.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes
to arrest the petitioner, then, he shall be released on bail on
him executing a bond in each of the crimes for Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each
for the like sum before the Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer as
and when required and shall also co-operate with the
investigation.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-30-
(d) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence or contact
the victim or her family members;
(e) Petitioner shall not commit any similar offences while he
is on bail.
(f) Petitioner shall not leave India without the permission of
the Court having jurisdiction.
In case of violation of any of the above conditions or if any
modification or deletion of the conditions are required, the
jurisdictional Court shall be empowered to consider such applications,
if any, and pass appropriate orders in accordance with law,
notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-31-
APPENDIX OF BAIL APPL. 5221/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 308/2024 DATED
24.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-32-
APPENDIX OF BAIL APPL. 5229/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 694/2024 DATED
02.07.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-33-
APPENDIX OF BAIL APPL. 5235/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 268/2024 DATED
14.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD IS PRODUCED HEREWITH
AND MARKED AS ANNEXURE A4.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-34-
APPENDIX OF BAIL APPL. 5272/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 226/2024 DATED
04.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD IS PRODUCED.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-35-
APPENDIX OF BAIL APPL. 5276/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 235/2024 DATED
08.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-36-
APPENDIX OF BAIL APPL. 5303/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 273/2024 DATED
15.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-37-
APPENDIX OF BAIL APPL. 5305/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 216/2024 DATED
03.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 THE COPY OF FIR NO. 216/2024 DATED
03.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 HEREWITH AND OF
MANNARGHAT POLICE STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-38-
APPENDIX OF BAIL APPL. 5329/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 693/2024 DATED
01.07.2024 OF POLICE STATION, PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 CRIME
NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-39-
APPENDIX OF BAIL APPL. 5330/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 889/2024 DATED
18.08.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-40-
APPENDIX OF BAIL APPL. 5378/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 290/2024 DATED
18.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-41-
APPENDIX OF BAIL APPL. 5407/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 284/2024 DATED
17.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.10.20234 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.10.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-42-
APPENDIX OF BAIL APPL. 5434/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 292/2024 DATED
19.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.10.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD IS PRODUCED HEREWITH
AND MARKED AS ANNEXURE A4.
Annexure A5 COPY OF THE ORDER DATED 17.10.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD
Bail Appl. Nos.5223 of 2025 and Conn. Cases.
2025:KER:42232
-43-
APPENDIX OF BAIL APPL. 5223/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR NO. 297/2024 DATED
20.03.2024 OF MANNARGHAT POLICE STATION,
PALAKKAD.
Annexure A2 TRUE COPY OF THE LIMITED LIABILITY
PARTNERSHIP AGREEMENT DATED 17.07.2019.
Annexure A3 TRUE COPY OF THE ORDER DATED 05.02.2025.
Annexure A4 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 11456 OF 2023 OF
CRIME NO. 1339/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.
Annexure A5 COPY OF THE ORDER DATED 17.09.2024 IN
BAIL APPLICATION NO. 844 /2024 OF CRIME
NO. 1366/2023 OF MANNARGHAT POLICE
STATION PALAKKAD.