Kerala High Court
Antoney Devasia vs State Of Kerala on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
BAIL APPL. NO. 7736 OF 2022
Crime No.42/CB/14/Ekm, of Tripunitura Ernakulam District,
PETITIONER/ACCUSED:
ANTONEY DEVASIA, AGED 38 YEARS
CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA,
ALAPPUZHA, PIN - 688428.
BY ADV K.V.SABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
OTHER PRESENT:
PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, ALONG WITH Bail Appl..7724/2022, 7739/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
BAIL APPL. NO. 7724 OF 2022
Crime No.41/CB/14/Ekm of Tripunitura Ernakulam District,
PETITIONER/ACCUSED:
ANTONEY DEVASIA, AGED 38 YEARS
CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA,
ALAPPUZHA, PIN - 688428
BY ADV K.V.SABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
PP SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
BAIL APPL. NO. 7739 OF 2022
Crime No.43/CB/14/Ekm of Tripunitura Ernakulam District,
PETITIONER/ACCUSED:
ANTONEY DEVASIA, AGED 38 YEARS
CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA,
ALAPPUZHA, PIN - 688428.
BY ADV K.V.SABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
BAIL APPL. NO. 7740 OF 2022
Crime No.44/CB/14/Ekm of Tripunitura Ernakulam District,
PETITIONER/ACCUSED:
ANTONEY DEVASIA, AGED 38 YEARS
CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA,
ALAPPUZHA, PIN - 688428.
BY ADV K.V.SABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031.
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
BAIL APPL. NO. 7742 OF 2022
Crime No.126/CB/14/Ekm of Tripunitura Ernakulam District,
PETITIONER/ACCUSED:
ANTONEY DEVASIA, AGED 38 YEARS
CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA,
ALAPPUZHA, PIN - 688428.
BY ADV K.V.SABU
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
PP SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
BAIL APPL. NO. 7749 OF 2022
Crime No.45/CB/14/Ekm of Tripunitura Ernakulam District,
PETITIONER/ACCUSED:
ANTONEY DEVASIA
AGED 38 YEARS
CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA,
ALAPPUZHA, PIN - 688428
BY ADV K.V.SABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
BAIL APPL. NO. 7751 OF 2022
Crime No.46/CB/14/Ekm of Tripunitura Ernakulam District,
PETITIONER/ACCUSED:
ANTONEY DEVASIA
AGED 38 YEARS
CHOLAMTHARA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA,
ALAPPUZHA, PIN - 688428
BY ADV K.V.SABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
PP SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, ALONG WITH Bail Appl..7736/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
8
VIJU ABRAHAM, J
BA Nos.7736, 7724, 7739, 7740, 7742, 7749 & 7751 of 2022
st
Dated this the 21 day of October 2022
O R D E R
These are applications for anticipatory bail.
2. In all these bail applications petitioner is the
accused in Crime Nos.947/2013, 927/2013, 949/2013, 954/2013,
471/2014, 955/2013 and 956/2013 of Palarivattam Police
Station and later transferred to the Crime Branch for
investigation as Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm,
43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm
and 46/CB/14/Ekm of Tripunitura Ernakulam District, alleging
commission of offences punishable under Sections 406, 409
and 420 r/w Section 34 of the Indian Penal Code. All these
crimes are initially registered by the Palarivattam Police in the
year 2013
3. The prosecution case is that the petitioner with a
common intention to deceive and defraud the complainant and
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
thereby obtaining wrongful gain, induced the complainant to
deposit amount in the accused company with a promise that
the complainant would get more interest than the interest
provided by the banks. After that the accused willfully
abstained from giving any share of the profit or return back
the money as agreed and thereby the accused has committed
the aforesaid offences.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The case of the petitioner is that he had formed a
private company for trading and investment consultancy, in the
name of M/s.Wismore Trading & Investment Consultancy Pvt
Ltd. Annexure-A1 is the Memorandum of Association,
Annexure-A2 is the Articles of Association and Annexure-A3 is
the Certificate of Incorporation dated 03.06.2011. The learned
counsel for the petitioner submitted that the persons who are
interested in trading by investment to the shares and currency
market invested the money through the petitioner's company
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
and the defacto complainant and others have also invested
money in the company. Agreements were also executed
between the defacto complainants and the company. Soon
after the formation of the company, it had enormous
development within a short term and the said development
made rivals in the business circle and thereafter complaint was
preferred before the Palarivattam Police Station. Two crimes
were registered by the Palarivattam Police Station as Crime
No.847/2013 and Crime No.,851/2013. Petitioner was granted
10 days police custody by the learned Magistrate and after the
custody, he was granted bail in both the cases. The learned
counsel further submitted that the crime is in the year 2013
and in Crime No.847/2013 and 851/2013 he was granted 10
days police custody and was thoroughly interrogated. It is
further submitted that further custody of the petitioner is not
required for the purpose of re-investigation. Petitioner
submitted that he is ready and willing to co-operate with the
investigation.
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
6. The learned Public Prosecutor opposed the
application for bail and submitted that it is true that the crime
is registered by the Palarivattam Police in the year 2013 and
thereafter in 2014 the above cases were transferred to the
Crime Branch. On 4.9.2022, all these cases were transferred
to Economic Offences Wing, Ernakulam Unit for re-
investigation as per order dated 19.07.2022. The investigation
so far revealed that the petitioner is dealing with the said
company without having any valid licence.
7. Considering the facts and circumstances of the case
and taking note of the fact that the crimes are registered as
early as on 2013 and that the petitioner is thoroughly
interrogated in two crimes earlier, I am of the opinion that
custodial interrogation of the petitioner is not required for the
purpose of the investigation, I am inclined to grant anticipatory
bail to the petitioner.
In the result, the bail applications are allowed.
Petitioner shall surrender before the investigating officer in
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm, 43/CB/14/Ekm,
44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm and
46/CB/14/Ekm of Tripunitura Ernakulam District, on
27.10.2022 at 11 am and make himself available for
interrogation on that or any other day/s as directed by the
investigating officer. It is directed that in the event of arrest
of the petitioner in Crime Nos.42/CB/14/Ekm, 41/CB/14/Ekm,
43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm, 45/CB/14/Ekm
and 46/CB/14/Ekm of Tripunitura Ernakulam District, he shall
be produced before the Jurisdictional Court on the same day
and shall be released on bail subject to the following
conditions:-
(i) The petitioner shall execute a separate
bond in each case for a sum of Rs.50,000/-
(Rupees fifty thousand only) with two solvent
sureties each for the likesum to the
satisfaction of the Jurisdictional Court,
(ii) The petitioner shall appear before the
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
investigating officer in Crime
Nos.42/CB/14/Ekm,
41/CB/14/Ekm,43/CB/14/Ekm, 44/CB/14/Ekm,
126/CB/14/Ekm, 45/CB/14/Ekm and
46/CB/14/Ekm of Tripunitura Ernakulam
District, as and when called for,
(iii) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime
Nos.42/CB/14/Ekm, 41/CB/14/Ekm,
43/CB/14/Ekm, 44/CB/14/Ekm, 126/CB/14/Ekm,
45/CB/14/Ekm and 46/CB/14/Ekm of
Tripunitura Ernakulam District,
(iv) The petitioner shall not leave the State
of Kerala without obtaining prior permission
from the jurisdictional court,
(v) The petitioner shall not involve in any
BAIL APPL. NO. 7736 OF 2022, BAIL APPL. NO. 7724 OF 2022
BAIL APPL. NO. 7739 OF 2022, BAIL APPL. NO. 7740 OF 2022
BAIL APPL. NO. 7742 OF 2022, BAIL APPL. NO. 7749 OF 2022 &
BAIL APPL. NO. 7751 OF 2022
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in above mentioned crimes may file an
application before the jurisdictional Court, for cancellation of
bail.
It is made clear that it is within the power of the police
to investigate the matter and if necessary to effect recoveries
on the information if any given by the petitioner even when
the petitioner is on bail as per the judgment of the Apex
Court in Sushila Aggarwal and others v. State (NCT of Delhi)
and another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM, JUDGE
R.AV
