BINIMOL Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications filed under Section 438 of the Criminal Procedure Code seeking to grant anticipatory bail to the petitioners, who are the accused in Crime No.176/2021 of Ernakulam Central Police Station. Petitioners in B.A.No. 2678/2021 are accused Nos. 2, 5 to 7 respectively in the crime. Third accused is the petitioner in B.A.No.2825/2021 and fourth accused is the applicant in B.A. No. 4529/2021. That crime was registered on 17.02.2021 alleging offence under Sections 406, 420, 506 read with 34 of the Indian Penal Code. The defacto complainant is one Harris who gave First Information Statement to the Sub Inspector, Central Police Station. According to him, he is an ex-NRI, doing some business in ice and cold storage. For his business purposes, he wanted certain amounts and was in search of availing loans. At that time, the first accused Geo Mathew and his seven associates, between period from 02.11.2020 and 20.11.2020, received an amount of Rs. 73,50,000/- towards deposit and commission, offering to arrange a loan of Rs.11 crores at the rate of 4% from Moksha Bank in Maharashtra. The said Geo Mathew and his wife Binimol, who is the first petitioner in B.A. No. 2678/2021, had introduced themselves as consultants of Moksha Finance and they reached Navarasa Sea Food Restaurant, belonging to the third accused in Chittor road, Ernakulam. The defacto complainant and his father Haneefa along with his friend Suresh reached Navarasa hotel in October, 2020, where the said Geo Mathew and his wife Binimol were present. Shaji Yohannan, the third accused is the owner of the hotel. Shaji Yohannan claimed that he has crores of rupees in deposit in Moksha Bank and then Sreekumar, Arjun, Babu Riyas and Karthik were introduced to him as the staff members of the bank. They were also told that Noorudhin Koya is a benami of Sri. K. C. Venugopal, who had contacts with very many higher-ups and that they have large amounts in deposit in Moksha bank. On that representation, Rs.73.5 lakhs were collected from him in different instalments. Those amounts were paid in cheque in favour of Geo Mathew. Later, for completing the formalities, he was taken to Bombay, where they stayed in Ibis Hotel for 15 days. Even though they spent 15 days in Bombay, the loan could not be arranged and then only he understood that the accused persons were playing fraud on him. He also understood that the said Geo Mathew and his wife were involved in such cheating cases earlier also. Immediately after the transfer of amount from him to the first accused, a car spending Rs. 19 lakhs was purchased from the M.G. Hector showroom in the name of the second accused, i.e., the first petitioner in B.A. No. 2678/2021 and an amount of Rs.3.3 lakhs was collected from him for paying the insurance. But as he had stopped payment in the cheque, that amount is not yet disbursed. Whenever he demanded back the amount, that was not paid but he was threatened stating that he would be murdered by giving quotation to Maradu Aneesh, a known goonda. Thus the crime was registered and during the course of investigation, petitioners moved the Sessions Court seeking anticipatory bail which were dismissed and thereafter, they have moved this Court under Section 438 of the Code of Criminal Procedure.

(2.) Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant and also the learned Senior Public Prosecutor.

(3.) The Court had also directed the Investigating Officer to file a statement detailing the specific roles played by the petitioners in the commission of the alleged crime and also necessity of their custodial interrogation.