ABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 439 of the Code of Criminal Procedure.

(2.) The petitioner herein was the Managing Partner of Avathar Jewellery. It appears that in the course of business, the petitioner as well as the other partners accepted money by way of deposits and gold from various persons by assuring them that the amount as well as gold would be returned back with due interest and share of profits. Large sums of money as well as gold was collected from the customers. When neither the principal nor the interest was repaid, the customers approached the authorities and filed separate complaints. Allegation was that the petitioner as well as the other partners have misappropriated the amount as well as the gold and thus cheated the victims. Based on the above complaints, separate crimes were registered alleging offence punishable under Sections 406 and 420 of the IPC. In some of the cases, the firm is arrayed as the 1 st accused and petitioner herein is the 2nd accused and in other cases, the petitioner is the 1st accused and the other partners were also arrayed as the accused.

(3.) It appears that the petitioner was arrested in one case on 11.01.2017 and he was remanded. His arrest was recorded in other cases as well. While he was undergoing custody, he approached this Court seeking regular bail. On 10.02.2017, when the matter was taken up, the learned senior counsel who appeared for the petitioner submitted that there was every chance for a settlement being arrived at and it was prayed that the matter be referred to mediation. Believing the genuineness of the submission and hoping that the matters would be settled if given a chance, this Court was persuaded to grant interim bail to the petitioner on conditions. The petitioner was also directed to appear before the High Court, Mediation Centre on 17.02.2017 to make an effort to settle the dispute. However, the mediation did not yield any result and the matter was not settled.