ABDUL GAFOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) Altogether 20 bail applications are filed by the very same accused involved in Crime Nos.586/2017, 605/2017, 606/2017, 607/2017, 609/2017, 611/2017, 616/2017, 617/2017, 622/2017, 681/2017, 745/2017, 746/2017, 747/2017, 750/2017, 751/2017, 763/2017, 768/2017, 769/2017, 782/2017 and 783/2017. The petitioner in all the bail applications are ranked 15. The crimes were registered against the petitioner for the offence punishable under Section 420 r/w 34 IPC.

(2.) The case of the prosecution was that while holding the office of M/s.Accomplish Pvt. Ltd., a registered company as its Director, he was also engaged in a jewellery business in the name and style M/s.Tirur Thunchath Jewellery. He collected huge amounts as deposits promising to pay the amount deposited with interest and thereafter failed to pay the money as promised and thereby cheated the depositors. He was also responsible for the day-to-day conduct of the business of the company.

(3.) Various schemes were run by the Company wherein the customers were forced to make deposits on the assurance that substantial profit by way of interest, dividend and gifts in the form of gold would be given to them. The defacto complainants are the persons who had invested money and gold with the company. It is further alleged that after inducing them to part with money and gold based on a false promise, the petitioners misappropriated the money and gold. Neither the principal sum nor interest thereon as promised were given to them despite demands being made. In the aforesaid circumstances, the defacto complainant was constrained to lodge FIS before the Tirur Police Station and accordingly, the aforesaid crimes have been registered against the petitioner and some other accused. The petitioner was originally arrested on 11.8.2017 in Crime No.750/2016 of Tirur Police Station. In crimes allegedly registered subsequently, formal arrest of the accused was recorded on different dates. In view of the prolonged incarceration, the learned counsel urged that the petitioners need to be enlarged on bail. The learned counsel has also handed over to the court across the bar, an order dated 26.3.2018 passed by this Court in B.A.No.1775/2018, wherein the 17th accused involved in Crime No.750/2016 of the said Police Station was granted bail. Accordingly, he pleaded for enlarging the petitioner also on bail in the aforesaid crimes.