K A SAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These Bail Applications are filed by the Managing Director (K.A. Saju) and the Director (Rajeev Kumar Cheruvara) of Apple A Day Properties Private Limited under Section 439 of the Code of Criminal Procedure.

(2.) More than 100 Crimes were registered against the Petitioners alleging offence under Sections 406 and 420 read with Section 34 of the Indian Penal Code. The petitioners are accused Nos. 1 and 2 in the Crimes. The petitioners were not available for arrest for about two months. They surrendered before the Judicial Magistrate of the First Class, Kanjirappally, which is not the jurisdictional court. They were produced before the jurisdictional courts on production warrants and their arrest was recorded on different dates. In a large number of cases, the period of sixty days are over from the date of the arrest of the petitioners. In those cases, default bail is being granted to them under the proviso to Section 167(2) of the Code of Criminal Procedure as per a separate common Order. The Bail Applications in respect of the Crimes in which the period for filing the charge-sheet has not expired, are dealt with under this common Order.

(3.) The State Prosecutor submitted that more than one thousand persons approached the police complaining that they were cheated by the accused by collecting huge amounts promising to deliver flats, villas and plots in the various projects of Apple A Day Properties Private Limited (hereinafter referred to as the 'Company') and by not fulfilling the promises. The State Prosecutor submitted that from the persons who approached the police, the accused collected more than Rupees 124 Crores. It is submitted that there are hundreds of persons who have not approached the police.