SUNIL SADATH Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for anticipatory bail under sec. 438 Cr.PC.

(2.) The applicant had preferred these two applications seeking anticipatory bail apprehending imminent arrest in two Crimes, Nos. 464/2020 and 484/2020 of the Valanchery Police Station, against him and two others, alleging commission of offences punishable under Ss. 465, 468, 471 and 420 of the IPC. The crimes were originally registered against the applicant alone and later, the staff of the applicant including his son, working in his laboratory named Arma Lab and Health, Valanchery have been arrayed as co-accused.

(3.) The prosecution case in Crime 464/20, in brief, is that Micro Health Laboratories, Kozhikode ('Micro Lab' for short), is a laboratory authorised by the Government and recognized by the ICMR, to conduct tests for detecting COVID-19. Applicant is the proprietor of Arma Lab and Health, Valanchery ('Arma Lab' for short). The applicant's Arma Lab was made a sample collecting agent at Valancheri for the Micro Lab. Samples collected by the applicant were forwarded for testing to Micro Lab and reports were issued by them. The Public Relations Director of Micro Lab filed a complaint before the police on 16/9/2020, stating that the applicant and the co-accused had between the period 15/07/20 and 15/09/20 dishonestly induced the members of the public who required a test report to travel abroad, to deliver samples for testing, and also collected money from them. Those samples were never sent to Micro Lab for testing and the accused issued fake certificates under the name of Micro Lab, without actually conducting any tests, and thereby forged Lab reports for the purpose of cheating the members of the public who had approached them, and also the Micro Lab in whose name the forged reports were issued. Consequently, the Crime was registered.