The court emphasized that anticipatory bail can be sought in offences under the BUDS Act despite claims to the contrary, clarifying jurisdictional boundaries.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 29^TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944 BAIL APPL. NO. 2359 OF 2022 CRIME NO.152/2022 OF ELAMAKKARA POLICE STATION, Ernakulam PETITIONERS/ACCUSED NOS.1 TO 4:

1 RAJESH CHANDRASEKHARAN, S/O.CHANDRASEKHARAN PILLAI AGED 44 YEARS,CHANDRAKANDAM HOUSE, KOCHAMBAM, MANNAM P.O, NORTH PARAVOOR, PIN - 683520

2 AKHIN FRANCIS,S/O. FRANCIS M.D, AGED 35 YEARS, MAROTTIKKAL HOUSE, P.O.

THIYARAM, THRISSSUR, PIN - 680026

3 ANOOP THOMAS,S/O. M.P. THOMAS, AGED 34 YEARS NELLIKKUNNATHU HOUSE, PANDAMKARY P.O, EDATHUA, ALAPPUZHA 689 573, PIN - 689573

4 SHERIN BIBIN,D/O.GOPI, AGED 39 YEARS PUTHENVEEDU HOUSE, 2ND FLOOR, CARMEL, THATTAZHAM P.O, NEAR DONBOSCO JUNIOR L.P. SCHOOL, VADUTHALA, ERNAKULAM, PIN - 682023 BY ADVS.

THOMAS T.VARGHESE PHILIP T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA B.RAMAN PILLAI (SR.)(R-260)

RESPONDENT/STATE AND INVESTIGATING OFFICER:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 THE STATION HOUSE OFFICER, ELAMAKKARA POLICE STATION, ELAMAKKARA, PIN - 682036 ADDL.R3 JAFFER KHAN, AGED 56 YEARS, S/O.OUKKAR HAJI, KARUVALLY HOUSE, VENGOLA P.O., PERUMANI, PERUMBAVOOR, PIN 683 556 IS IMPLEADED AS PER ORDER DATED 29.11.2022 IN CRL.M.A.NO.1 OF 2022)

R1 & R2 BY PUBLIC PROSECUTOR SMT.NIMA JACOB R3 BY ADVS.K.A.SIYAD M.REVIKRISHNAN(K/1268/2004)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

................................................................. .................................................................

Dated this the 29^th day of November, 2022

ORDER

This is an application for anticipatory bail.

2. Petitioners are arrayed as accused in Crime No.152 of

2022 of Elamakkara Police Station registered alleging commission of offences punishable under Sections 420 and 120B read with Section 34 of the Indian Penal Code .

3. The gist of allegation is that the accused persons committed criminal conspiracy and have accepted deposits in violation of Rules in the name of the concern “Mavensworth Credits and Financial Services” and that they have accepted fixed deposit of Rs.20,000/- from the complainant on 02.07.2021 intending to make unlawful gain and thereby cheated him. The complainant got the FIR registered by filing a private complaint before the Judicial First Class Magistrate Court-II, Aluva.

4. Petitioners submit that they have been falsely implicated in the above side crime. The defacto complainant made a deposit of Rs. 20,000/- on 02.07.2021 with “Mavensworth India Nidhi Ltd.” for a period of 12 months. Petitioners apprehend that the said deposit was made with an intention of raising a complaint as a depositor. Petitioners have produced Annexure 4 document, which is an information received by the defacto complainant from the Registrar of Companies under the Right to Information Act and a perusal of the same would reveal that the information was sought on 28.05.2021, i.e., before the deposit was made by him on 02.07.2021. The intention of the defacto complainant is only to harass and intimidate the petitioners and destroy the reputation and business of the concerns in which they are involved. Petitioners 1 to 3 were associated with one M/s.Vishwadeepti Multi-State Co- operative Society and the petitioners left the concern due to a difference of opinion with the management. Thereafter, they started the Nidhi Company by the name, “Mavensworth India Nidhi Ltd.” and the certificate of incorporation is produced as Annexure 5. Petitioners 1 to 3 are also partners in Mavensworth Credit and Financial Services, and they have obtained licence under the Kerala Money Lenders Act as is evident from Annexures A6, A7 and A8. Petitioners 1 to 3 are also associated with Southern Green Farming and Marketing Multi-State Co- operative Society Ltd. and Annexure 9 is the certificate of registration. The partnership firm, the