Detention without charge sheet beyond legal limits entitles accused to default bail under criminal procedure law.

O R D E R

These applications are filed under Section 439 of the Code of Criminal Procedure , seeking regular bail.

2. In all these cases, the petitioners are accused Nos. 1 to 3, the details of which are as follows:

Police Amount B.A.No Crime No. Sections Station (Rs.) 420 of IPC & S.3 Koyilandy r/w 21, 4 r/w 22, 5

1.

9971/2023 456/2023 Police 2,70,000/- r/w 23 of the BUDS Station Act

420 r/w 34 of IPC & Koyilandy

2.

10008/2023 589/2023 S.3 r/w 21, 5 r/w 23 Police 6,79,000/- of the BUDS Act Station

420 and 406 of IPC Koyilandy

3.

10011/2023 571/2023 & S.3 r/w 21, 5 r/w Police 1,97,500/- 23 of the BUDS Act Station

420 r/w 34 of IPC & Koyilandy

4.

10014/2023 555/2023 S.3 r/w 21, 5 r/w 23 Police 9,81,150/- of the BUDS Act Station

420 r/w 34 of IPC &

Koyilandy S.3 r/w 21, 4 r/w 22, 5.

10017/2023 556/2023 Police 9,61,225/- 5 r/w 23 of the Station BUDS Act

420 r/w 34 of IPC & Koyilandy

6.

10042/2023 479/2023 S.3 r/w 21, 5 r/w 23 Police 38,100/- of the BUDS Act Station

420 r/w 34 of IPC & Koyilandy

7.

10044/2023 478/2023 S.3 r/w 21, 5 r/w 23 Police 1,89,400/- of the BUDS Act Station

420 r/w 34 of IPC &

Koyilandy S.3 r/w 21, 4 r/w 21, 8.

10048/2023 516/2023 Police 4,88,000/- 5 r/w 23 of the Station BUDS Act

420 of IPC & S.3 Koyilandy

9.

10049/2023 415/2023 r/w 21, 5 r/w 23 of Police 1,80,150/- the BUDS Act Station

420 of IPC & S.3 Koyilandy

10.

10051/2023 564/2023 r/w 21, 5 r/w 23 of Police 1,92,250/- the BUDS Act Station

3. The common allegation in all these cases is that the accused, who are the directors of “Dhanakodi Chits Pvt. Ltd.”, had dishonestly induced the complainants to subscribe to a chitty which they conducted unauthorisedly and cheated them by not returning the amount deposited by them even after the expiry of the period of maturity and thereby committed the offence.

4. The learned counsel appearing for the petitioner would say that the petitioners are innocent and falsely implicated with ulterior motives. The petitioners were arrested on 19/09/2023, which is evident from the order of the Sessions Court rejecting bail. It is not disputed before me that the petitioners were in custody before the arrest was recorded in these cases on 19/09/2023. If that be so, by now, the petitioners are entitled to default bail under Section 167 of the Code of Criminal Procedure , as no charge sheet has been filed to date. It was also brought to my notice by the learned Public Prosecutor that all these cases filed before various Police Stations in the State were transferred to the Crime Branch as per proceedings dated 12/10/2023. Taking note of the fact that the petitioners have been under custody since 19/09/2023 and further detention of the petitioners is illegal, as stated above and also, since the prosecution raises no apprehension that if released on bail, the petitioners are likely to abscond, I am inclined to grant regular bail to the petitioners notwithstanding the gravity of the offences allegedly committed and the amount involved.

Accordingly, these bail applications are allowed, and the petitioners are granted bail subject to the following conditions:- (i) The petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioners shall report before the Investigating Officer as and when directed;

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioners shall not be involved in any other crime while on bail or leave the Country without the prior permission of the Court concerned.

(v) The petitioners shall surrender their passports, if any, within seven days from the date of their release before the Court concerned, and if the release of the passports is required at the later period, petitioners shall be at liberty to move appropriate applications for the same before the court having jurisdiction. If they have no passport, they