FIROS Vs. STATE OF KERALA

JUDGEMENT

(1.) This petitioner has again approached this Court with this application for pre-arrest bail. The first application filed by the petitioner was dismissed by this Court on 27.02.2020.

(2.) The allegation of the prosecution is that the petitioner was conducting an illegal telephone exchange in a building situated at Cholakkal Amsom owned by one Chemban Anwar, S/o. Ahammedkutty, by using electronic devices with the intention of defrauding the Government of India with the intention to gain excessive profits and unlawful enrichment. This was detected by the Manjeri police officials and they conducted search at about 11.05 a.m. on 10.11.2019. SIM cards were also detected apart from the electronic devices from the said room and case was registered under Sections 124A and 420 of Indian Penal Code, Section 4 read with Section 20 of the Indian Telegraph Act and Sections 3 and 6 of the Indian Telegraph Act.

(3.) The learned counsel for the petitioner would point out that the petitioner is totally innocent, but he apprehends arrest and torture though he appeared before the Investigating Agency twice as per the direction of this Court in Crl.M.C. No. 2220 of 2020.