Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945 BAIL APPL. NO. 5440 OF 2023 (CRIME NO. 859/2023 OF SECTOR 8 POLICE STATION, FARIDABAD) PETITIONERS:
1 DR.V.B.AJAYAKUMAR, AGED 50 YEARS S/O. LATE V.F.BALAKRISHNA VAIDYAR, PARTNER OF M/S TRIVENI AYURVEDA, R/O VALLOMPARAMBATH PANIKKASSERY HOUSE, KODUNGALLUR.P.O. THRISSUR DISTRICT, KERALA, PIN - 680664 2 ASHA AJAYAKUMAR, AGED 46 YEARS W/O . DR.V.B.AJAYAKUMAR. R/O VALLOMPARAMBATH PANIKKASSERY HOUSE, KODUNGALLUR.P.O.
THRISSUR DISTRICT, KERALA, PIN - 680664 BY ADVS.
T.R.VISHNU A.MOHAMMED SAVAD RESPONDENTS:
1 THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER, KODUNGALLUR POLICE STATION, KODUNGALLUR.P.O.
THRISSUR RURAL, KERALA, PIN - 680664 3 STATION HOUSE OFFICER, ECONOMIC OFFENCE WING, BALLABGARH ZONE, ROOM NO.502, 5TH FLOOR, MINI SECRETARIAT, SECTOR 12 FARIDABAD, HARYANA, PIN - 121007 SMT. SEETHA S, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5440 OF 2023 2 O R D E R This is an application filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.
2.
The petitioners have approached this Court seeking anticipatory bail as they apprehended arrest in connection with the investigation of Crime No. 859/2023 of Sector 8 Police Station, Faridabad, which was registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code, 1860.
3.
The prosecution case is that the petitioners collected an amount of Rs.37,54,000/- from the defacto complainant, by making him believe that the 1st petitioner, a doctor, is interested in establishing and running Ayurveda Medicine Manufacturing facilities in Faridabad, and making an offer to the defacto complainant that he will be made as a partner of the said hospital. However, no such manufacturing facility was provided, and the amount was
BAIL APPL. NO. 5440 OF 2023 3 also not repaid. The crime was registered in such circumstances, and as the petitioners apprehend arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted.
4.
Heard Sri. T.R. Vishnu, the learned Counsel for the petitioners and Smt. Seetha S, the learned Senior Public Prosecutor for the state.
5.
After considering all the relevant aspects, I am of the view that since the crime is registered by a police station beyond the jurisdiction of this Court, a proper adjudication of the matter cannot be made by this Court.
Therefore, it is only proper for the petitioners to approach the jurisdictional court and seek the necessary order for anticipatory bail. To facilitate the petitioners to do so, I deem it appropriate to grant some time.
Accordingly, this bail application is disposed of, granting one month's time to the petitioners from today (11.08.2023) to enable them to move the jurisdictional court
BAIL APPL. NO. 5440 OF 2023 4 for appropriate relief. It is further clarified that the petitioners shall not be arrested for a period of one month.
The bail application is disposed of accordingly.
Sd/- ZIYAD RAHMAN A.A.
JUDGE LU
BAIL APPL. NO. 5440 OF 2023 5 APPENDIX OF BAIL APPL. 5440/2023 PETITIONER ANNEXURES :
ANNEXURE-A1 TRUE COPY OF THE PARTNER SHIP AGREEMENT DATED 18.7.2018 ANNEXURE-A2 TRUE COPY OF THE GST REGISTRATION DATED 25.2.2019 ANNEXURE-A3 TRUE COPY OF THE RETIREMENT DEED DATED 21.10.2019 ANNEXURE-A4 TRUE COPY OF THE RECONSTITUTED PARTNERSHIP DEED DATED.19.10.2019 ANNEXURE-A5 TRUE COPY OF THE LAWYER NOTICE DATED 30.3.2022 ANNEXURE-A6 TRUE COPY OF THE LAWYER NOTICE DATED 30.3.2022 ANNEXURE-A7 TRUE COPY OF THE REPLY NOTICE DATED 05.8.2022 ANNEXURE-A8 TRUE COPY OF THE REPLY NOTICE DATED 05.8.2022 ANNEXURE-A9 TRUE COPY OF THE FIR NO.859/2022 DATED 20.12.2022 OF SECTOR-8 POLICE STATION,FARIDABAD ANNEXURE-A9[A] TRUE COPY OF THE ENGLISH TRANSLATED FIR NO.859/2022 DATED.2012.2022 OF SECTOR-8 POLICE STATION,FARIDABAD // True Copy // PA To Judge