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2017 DIGILAW 722 (KER)

SANKAR G. DAS, S/O GOPIDAS v. APPLE TREE CHITS INDIA LIMITED

2017-04-11

SUNIL THOMAS

body2017
ORDER : The petitioner herein is arrayed as accused in several proceedings under section 138 of the NI Act and section 420 of IPC. He was the Managing Director of one Apple Tree Chits India Limited, a company registered under the Indian Companies Act. According to him, the amount to be realised from the subscribers was about Rs.38 Crores and the company had a liability of around 31 Crores. Due to shortage of receipt of funds from the subscribers, the company suffered huge loss, ultimately leading to paucity of funds. The company is now under the liquidation proceedings and provisional administrator has been appointed by the High Court in CP No.2/2014. The petitioner was arrested on 14/2/2015 and he is in custody from that date onwards as remanded by the Chief Judicial Magistrate, Pathanamthitta. 2. The grievance of the petitioner herein is that, he has covered substantial part of the period of conviction that may be imposed, even if he is found guilty and convicted after trial. Grievance of the petitioner is that, due to pendency of other cases in various courts, he is not in a position to engage a lawyer and to conduct cases spread over various courts in Kerala. He is also not able to execute bail bond and to obtain sureties in the event of granting bail from the concerned court. It was also stated that, traveling to several courts and return to jail needs much time and money and, hence he sought for appropriate relief. It was also contended that, furnishing separate sureties in each case and producing the tax receipt will work out injustice to him. He sought for appropriate orders in terms of earlier orders of this court evidenced by Annexures III & IV. 3. The petitioner herein had given a list of various cases pending before the various courts. It is also pertinent to note that, he has been in jail for a substantial period. Having regard to the contention that, insisting for separate sureties in each case and for production of original tax receipt will definitely cause substantial injustice to him, I feel that appropriate directions are liable to be granted in the following cases. Thiruvanathapuram District. 1. CC NO.1478/2015 - Chief Judicial Magistrate 2. CC No.684/2015 Judicial First Class Magistrate Court II 3. CC Nos.1194/2015,1195/2015,1196/2015 Judicial First Class Magistrate Court-III 4. Thiruvanathapuram District. 1. CC NO.1478/2015 - Chief Judicial Magistrate 2. CC No.684/2015 Judicial First Class Magistrate Court II 3. CC Nos.1194/2015,1195/2015,1196/2015 Judicial First Class Magistrate Court-III 4. CC No.726/2015 Judicial First Class Magistrate Court - V 5. ST No.44/2014 of the Judicial First Class Magistrate Court - 1. Kollam District. CC No.110/2015, CC No.181/2015 Chief Judicial Magistrate. Alappuzha District 1. CC No.135/2015 & 136/2015 Chief Judicial Magistrate 2. CC No.454/2015 of Judicial First Class Magistrate Court - II 4. S.T N0.157/2016 & ST No.350/2014 of Judicial First Class Magistrate Court - II Pathanamthitta District. 1. CC No.168/2015, CC No.129/2015, CC No.169/2015, CC No.177/2015.- Chief Judicial Magistrate, Pathanamthitta. 2. CC No.1207/15, 1502/2014 & CC No.1313/2014 of Judicial First Class Magistrate Court - 1. 3. CC No.1020/2016, CC No.1780/2014 of Judicial First Class Magistrate Court, Ranni. Kottayam District. 1. CC No. 15/16 - CJM Court. 2. ST No.269/2015 of Judicial First Class Magistrate Court - 1 Pala. 3. ST Nos.323/16,202/15,3358/15,479/14,480/14,378/14,1011/14 and CC No.1188/14. CJM 4. ST No.341/16 CJM. Idukki District CC No.866/16. CC no.865/16, CC No.863/16, CC No.864/16, CC No.862/16, CC No.892/16, CC No.893/16, CC No.894/16 CC No.891/16. Judicial First Class Magistrate Court - II. ST No.167/14 Judicial First Class Magistrate II Ernakulam District. 1. CC No.823/15, CC No.687/15 and CC No.1832/14 of Judicial First Class Magistrate Court. 2. ST No.43/14. ST No.432/14 of Chief Judicial Magistrate 3. CC No.287/15, ST No.57/15, ST No.35/15 of Chief Judicial First Class Magistrate Court. 4. CC No.2348/15 of Judicial First Class Magistrate Court - II. 5. CC No. 517/15, CC No. 353/15 Judicial First Class Magistrate. 6. ST No.4267/15 Judicial First Class Magistrate Trichur District. 1. Crime No.737/14, 1260/2014 Chief Judicial Magistrate 2. CC No.3404/14 Judicial First Class Magistrate, Chalakudy. 3. CC No.3062/15 Judicial First Class Magistrate - 1, Trichur. Palakkad District. 1. CC No.1121/16, ST No.184/15, 183/15 Chief Judicial First Class Magistrate 2. Crime No.195/14 Judicial First Class Magistrate Court, Mannarkkad. 3. CC No.584/14 of Judicial First Class Magistrate Court - 1. Malappuram District. 1. ST No.29/14, CC No.157/16, CC No.158/16 Judicial First Class Magistrate Court - II. 2. CC No.1010/15,1011/15,1009/15,83/15 Judicial First Class Magistrate Court, Nilambur. 3. ST No.1153/15 Judicial First Class Magistrate - 1. Kasaragod District. 1. CC No.2767/15 Judicial First Class Magistrate court 1. 2. CC No.721/14 Judicial First Class Magistrate. Considering the large number of cases, I feel that petitioner can be permitted to produce two sets of sureties. 2. CC No.1010/15,1011/15,1009/15,83/15 Judicial First Class Magistrate Court, Nilambur. 3. ST No.1153/15 Judicial First Class Magistrate - 1. Kasaragod District. 1. CC No.2767/15 Judicial First Class Magistrate court 1. 2. CC No.721/14 Judicial First Class Magistrate. Considering the large number of cases, I feel that petitioner can be permitted to produce two sets of sureties. Hence, for the above cases pending in the Districts of Tiruvananthapuram, Kollam, Alappuzha, Pathanamthitta, Kottayam and Idukki, he shall produce one set of sureties and another two sets for remaining cases, as above. Hence, Crl.M.C. is disposed of with a direction that in the event of the petitioner herein being granted bail in any of the above cases by the respective court, he shall be released on bail without insisting for different sureties for each case and without insisting for production of original tax receipt in each case. If two sureties are produced along with the tax receipt in one case of that batch of districts and duly accepted by any of court below within that batch of districts, the same sureties and photocopies of the tax receipt can be accepted in all other remaining cases in those districts mentioned in that batch, if each case is supported by an affidavit mentioning the above facts and the production of original receipt in the first case of that batch.