Kerala High Court
Kripaharan vs State Of Kerala on 9 February, 2012
Author: M.Sasidharan Nambiar
Bench: M.Sasidharan Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 10TH DAY OF FEBRUARY 2012/21ST MAGHA 1933
BA.No. 537 of 2012 ()
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CRMP.4948/2011 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI
CRL. M.P. NO.4948/2011 IN CBCID CRIME NO.585/2011 (MALAPPURAM
POLICE STATION CRIME 335/2011) MALAPPURAM DISTRICT.
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PETITIONER/PETITIONER/7TH ACCUSED :
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KRIPAHARAN
S/O. RAMASWAMY, WARD NO. 1, PAPPINAYAKKAN PATTY
NAMAKKAL P.O.
BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)
RESPONDENT/RESPONDENT/COMPLAINANT:
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1 STATE OF KERALA
(THE DEPUTY SUPERINTEDENT OF POLICE EOW, CBCID
CRIME DETACHMENT, KOZHIKODE), BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. KOCHUMOL KODUVATH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10-02-2012, ALONG WITH BA. 538/2012 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
svs
M.SASIDHARAN NAMBIAR,J.
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B.A. No.537, 539,538,540,
541,545,550,552,568,569,570,
571,572,573,574 and 579
OF 2012
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Dated this the 9thday of February,2012
ORDER
Petitioner in B.A.537/2012 is also the petitioner in B.A.538/2012, 539/2012, 540/2012, 541/2012, 545/2012, 550/2012 and 552/2012. Petitioner in B.A.569/2012 is also the petitioner in B.A.570/2012, 571/2012, 572/201, 573/2012, 574/2012 and 579/2012. Petitioners in B.A.537/2012 and 568/2012 are the accused in Crime 335/2011 of Malappuram Police Station.
Petitioners are accused 7 and 8 in Crime 222/2011 of Kalpakancherry Police
Station.B.A.571/2012 and 538/2012 are filed to release them on bail in that crime.
Petitioners are also the accused in Crime 229/2011 of Tenhippalam Police Station.
B.A.537/2012 & connected cases 2 B.A.539/2012 and 579/2012 are filed to release them on bail in those cases. Petitioners are accused 7 and 12 in Crime 285/11 of Kottakkal Police Station. B.A.540/2012 and 569/2012 are filed for releasing them on bail in those cases. Petitioners are also accused 10 and 11 in Crime 449/2011 of Kondotty Police Station. B.A.541/2012 and 573/2012 are filed for releasing them on bail in that crime. Petitioners are also accused 7 and 8 in Crime 239/2011 of Areacode Police Station. B.A.545/2012 and 574/2012 are filed to release them on bail in that crime. Petitioners are also accused 10 and 11 in Crime 446/2011 of Kondotty Police Station. B.A.550/2012 and 570/2012 are filed to release them on bail in that crime. Petitioners are accused 10 and 11 in Crime 429/2011 of Kondotty Police Station. B.A.552/2012 and 572/2012 are filed to release them on bail in that Crime. The offences alleged are under sections 409, 420 IPC and sections 4 and 5 of Prize Chits and Money Circulation Scheme(Banning) Act.
B.A.537/2012 & connected cases 3
2. Petitions are filed under section 439 of Code of Criminal Procedure to release them on bail. Both petitioners were admittedly arrested during the investigation in Crime 199/2011 of Payyoli Police Station. Petitioner in 537/2012 was arrested on 18.10.2011. There is a dispute with regard to the learned Public Prosecutor and the learned counsel appearing for the petitioner about the actual date of arrest of the other petitioner in that crime. Learned counsel appearing for the petitioner submitted that the petitioner in B.A.537/2012 was arrested when he had gone to Payyoli court, to meet the other accused who were arrested, to give assistance and then he was arrested. It was argued that petitioner is not connected to the offences alleged and he has no connection with Tycoon Empire International. Learned counsel appearing for the petitioner submitted that both the petitioners have nothing to do with the company allegedly transacted with the customers during 2010-2011 and in such B.A.537/2012 & connected cases 4 circumstances petitioners cannot be proceeded against and in any case and as they have been in custody from October 2012 they be released on bail.
3. Learned Public Prosecutor opposed the petitions and submitted that the petitioner in B.A.537/2012 was arrested on 18.10.2012 in Crime No.199/2011 and 232/2011 of Payyoli Police Station and the arrest of the petitioner was subsequently recorded in these crimes. Learned Public Prosecutor also submitted that twenty cases are registered against Tycoon Empire Company and its agents in different district and as the deposits of the Company with HSBC Adayar is nearly 184 crores and with ICICI Bank is 116 crores and with SIB Adayar is 54 crores with Panjab National Bank Adayar is 18 crores and the cumulative deposits beyond 420 crores was collected and swindled. For ascertaining the volume of fraud and quantum of the money misappropriated proper investigation is necessary and if petitioners are to be released at this stage, it would adversely affect the investigation.
B.A.537/2012 & connected cases 5 Learned Public Prosecutor made available the Case Diary and submitted that Articles of Association of Tycoon Empire MLM India Ltd seized during investigation shows that the Company was formed on 7.7.2009 and the first Directors of the Company are Kamalakannan, Bhoopathy the petitioner in B.A.570/2012 and connected cases, Sadasivan, Kripaharan who is the petitioner in B.A.537/2010 and connected cases and it is provided therein that they shall be permanent Directors of the Company and shall not retire at any time. It was also submitted that though later different Companies were formed, it was the same Directors who were acting on behalf of the different Companies and if petitioners are released on bail it would adversely affect the investigation.
4. Learned counsel pointed out that petitioner in B.A.537/2012 had come to Payyoli for the assistance of the other accused who were produced before the learned Magistrate and petitioners did not commit any offence. The investigation as B.A.537/2012 & connected cases 6 revealed in CD shows that he is a Software Engineer and eventhough one computer has been seized in the other case, the details of the hard disk are yet to be analysed and if petitioners are to be released on bail at this stage, it would adversely affect the investigation. Learned counsel appearing for the petitioners produced copies taken from the website to show that the Directors of Tycoons Mat Rural Private Ltd are Sadasivan, Rajesh, Alex Rajkumar and Vinoth Sivaji and that of Tycoons Empire Technologies Pvt. Ltd are Sadasivan Rajesh and Alex Rajkumar and that of Tycoon Empire Porfolio Management Private Ltd are Sadasivan Rajesh and Alex Rajkumar and that of Tycoon Empire Financial Services Private Ltd are Sadasivan Rajesh and Alex Rajkumar and that of Tycoons Empire Foundation are Nagarajan Vinu Anand, Mani Rajesh and Muthu Vel and that of TE Tours and Travels Private Ltd are Sadasivan Rajesh and Alex Rajkumar and that of TE Securities Capital Ltd are Sadasivan Rajesh, Pintu Motichand Sheth, Alex B.A.537/2012 & connected cases 7 Rajkumar, Vinoth Sivaji and that of TE Courier and Parcel Private Ltd are Sadasivan Rajesh, Alex Rajkumar and that of Gold Empire Industries Ltd are Sadasivan Rajesh, Alex Rajkumar and Vinod Sivaji and it shows that Sadasivan was appointed on 1.11.2010 and Alex was appointed on 1.10.2010 and Vinoth Sivaji on 1.10.2010 and petitioners were not directors of any of these Companies and Kripaharan the petitioner in B.A.537/2012 is not the Director of Tycoon Empire MLM India Ltd and he is not Kripaharan shown in the Articles of Association and though other petitioner Bhoopathy was originally a Director he resigned subsequently and after the Golden Empire Industries Ltd was formed he did not continue as a Director and in such circumstances as petitioners have been in custody since long they be released on bail.
5.Considering the progress of the investigation, the necessity for proper investigation and the quantum of the money allegedly swindled it is not in the interest of B.A.537/2012 & connected cases 8 justice to release the petitioners on bail at this stage, as it would adversely affect the investigation. Moreover there is every possibility of the petitioners intimidating or inducing witnesses not to disclose facts known to them to the Investigating Officer or even to tamper the evidence. Hence they cannot be released at this stage. If petitioners are entitled to statutory bail they are at liberty to apply for bail before the concerned Magistrate.
Petitions are dismissed.
M.SASIDHARAN NAMBIAR JUDGE tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT SEPTEMBER,2006