Kerala High Court
Susilkumar E.K vs State Of Kerala on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
CRL.MC NO. 3988 OF 2021
ORDER DATED 19.07.2021 IN C.M.P. NO. 807/2021 IN C.C. NO. 625/2017
OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,HOSDURG
CRIME NO. 163/2016 OF VELLARIKUNDU POLICE STATION
PETITIONER/PETITIONER/FIRST ACCUSED:
SUSILKUMAR E.K.,
AGED 54 YEARS
S/O. MOHANAN NAIR,
RESIDING AT GOKULAM HOUSE, AMBERILY KALPATTA,
VYTHIRI, WAYANAD,
FORMERLY MANAGING DIRECTOR,
JANAKSHEMA MARUTHI CHITS PVT. LIMITED,
ROYAL PLAZA, KALPATTA.
BY ADV. B.KRISHNA MANI
RESPONDENTS/THE STATE AND THE RESPONDENT IN ANNEXURE - I:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
2 THE STATION HOUSE OFFICER,
VELLARIKUNDU POLICE STATION,
VELLARIKUNDU,
KASARAGOD DISTRICT-671534.
BY SRI.RENJITH T.R.,SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.No.3988 OF 2021 2
ORDER
This is an application filed under Section 482 of the Code
of Criminal Procedure seeking to quash condition No. 1 in
Annexure II order dated 19.07.2021 passed by the Judicial First
Class Magistrate - II Hosdurg while granting bail to the
petitioner. The petitioner is the 1st accused in Crime No.
163/2016 of Vellarikundu police station, which is now pending
before that court as C.C. No. 625/2017. The allegations are under
Sections 406 and 420 of the Indian Penal Code and Section 4
read with 76(1) of the Chit Funds Act.
2. The petitioner was the Managing Director of a
company which conducted chitties. After collecting subscription
from large number of people, the company could not re-pay the
amounts and thus numerous crimes happened to be registered
and this is one such case in which the petitioner was granted bail
by the court imposing conditions, among other things, that he
shall execute bond for Rs. 2,50,000/- with two solvent sureties,
each for the like amount and deposit Rs. 2,00,000/-, as cash
security and Rs. 25,000/- each by the sureties or bank guarantees
for the same.
3. The petitioner is aggrieved by imposing such a
condition. The learned counsel for the petitioner submits that on
orders of this Court under Annexures III and IV, the company
stands wound up and all its assets have been taken over by the
Official Liquidator and that he is unable to pay any amount.
Therefore, that part of the condition is sought to be lifted by the
Court.
4. Having evaluated the turn of events and considering
the fact that large number of cases are pending against the
petitioner and others, it is not expedient in the interest of justice
to lift the condition. However, it is open to the petitioner to
approach the trial court itself with a similar petition. If such an
application is filed before the learned Magistrate, it shall be
disposed of with utmost expedition.
The Crl. M.C. is closed.
SD/-
K.HARIPAL
JUDGE
DCS/03.09.2021
APPENDIX
PETITIONER'S ANNEXURE
ANNEXURE I TRUE COPY OF THE FINAL REPORT DATED
30/01/2017 IN CMP NO.807/2021 IN CC
NO.625/2017 BEFORE THE COURT OF JUDICIAL
MAGISTRATE OF THE FIRST CLASS-II, HOSDURG.
ANNEXURE II TRUE COPY OF THE ORDER DATED 19/07/2021 IN
CMP NO.807/2021 IN CC NO.625/2017 BEFORE
THE COURT OF JUDICIAL MAGISTRATE OF THE
FIRST CLASS-II, HOSDURG.
ANNEXURE III TRUE COPY OF THE JUDGMENT DATED 04/02/2019
IN CP NO.43/2016 RENDERED BY THE HON'BLE
HIGH COURT OF KERALA, ERNAKULAM.
ANNEXURE IV TRUE COPY OF THE WINDING UP ORDER DATED
04/02/2019 IN COMPANY PETITION NO. 43/2016
BEFORE THE HON'BLE HIGH COURT OF KERALA,
ERNAKULAM.
ANNEXURE V TRUE COPY OF THE INTERIM ORDER DATED
09/03/2021 IN CRL.M APPL. 1/2021 IN CRL.
M.C NO.1405/2021 BEFORE THE HON'BLE HIGH
COURT OF KERALA, ERNAKULAM.
