ROY V. KURUVILA Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications For Anticipatory Bail The applicants in these bail applications is made accused in two crimes. B.A.No.7045 of 2020 pertains to Crime No.1564 of 2019 of Pala Police Station, Kottayam, while B.A.No.7046 of 2020 pertains to Crime No.808 of 2019 of Ettumanoor Police Station, Kottayam, for having allegedly committed offences punishable under Section 420 read with Section 34 of the IPC. The prosecution case, in brief, is this:

(2.) The applicant is the 3rd accused in these crimes, had in furtherance of common intention with the other co-accused, dishonestly and fraudulently induced the defacto complainant and also several others to invest money in a company named Davani Silks at Moovattupuzha, which was running at loss and thus cheated them of the entire amount which was received by the company. The investigation in all these cases have been taken over by the Crime Branch. The applicant is a Mechanical Engineer by profession and was also functioning as a Lecturer in Peerumedu Engineering College, during the period 2009 to 2014. He states that he did not have any intention to cheat either the defacto complainant in these crimes or any other persons. In fact, he himself is a victim of cheating because to get employment he had invested huge sums of money in the company and lost that money. He is willing to co-operate with the investigation. The prosecution also does not have any intention to arrest him. And, therefore, it is submitted by the learned Public Prosecutor that the apprehension of arrest is misplaced. The applicant was already granted bail in Crime No.1192 of 2019 Muvattupuzha Police Station for a similar offence as per order of this Court in B.A.No.6179 of 2020. Considering these facts and that the applicant is willing to co-operate with the investigation, the applicant is entitled to pre arrest bail.

(3.) In the result, the applications are allowed and the applicant is directed to surrender before the Investigating officer within two weeks. In the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One lakh only), with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further conditions: