O R D E R

Dated, this the 17th day of May, 2021 [BA No.5665 of 2020]

Application for anticipatory bail under Section 438 Cr.P.C.

2. Applicants are accused numbers 1, 2, 6 and 7 in Crime No. 407 of

2019 of Kumbala Police Station, alleging offences under Sections 420, 465, 468 and 471 r/w. 34 I.P.C. A true copy of the F.I.R. is Annexure-1. It is alleged that the accused in furtherance of a common intention had forged the signature of the defacto complainant and his brother in a Deed of Retirement and Reconstitution of Partnership Deed and inducted accused 3, 4, 6 and 7 in the partnership deed so as to make it appear that the defacto complainant and his brother retired from the firm. It is further alleged that Accused Nos.3, 4 and 5, executed a partnership deed dated 11-03-2019, by name “Vijai Chemical Industrials” and cheated him and caused a wrongful loss of Rs.3 Crores.

3. The applicants would contend that accused 1 and 2 who are husband and wife, formed a partnership in the name and style “Vattukalam Chemical Industries (VCI KINFRA) as per Annexure-2 Partnership deed dated 20.04.2009. The firm was engaged in the manufacture and sale of copper sulphate and other business with its registered office at KINFRA Small Industries Park, Seethangoli. While so, the firm was reconstituted by executing Annexure-3 reconstitution deed on 09-01-2014, and the 3rd respondent / defacto complainant and his brother, Siby Joseph were also inducted as partners.

4. The 5th accused was the Managing Partner of another firm namely “Vijai Chemical Industries” and they were willing to take over the land allotted to M/s.Vattukalam Chemical Industries in KINFRA Park. In pursuance of which, Annexure-4 tripartite agreement was executed between KINFRA as first party, Vattukalam Chemical Industries as the second party and Vijai Chemical Industries as the third party, on 28/08/2019. Before the Government could take a decision on Annexure-4, the present F.I.R. was registered on complaint filed by the de facto complainant. Applicants 1 and 2 inducted the defacto complainant and his brother as partners as per Annexure-3 deed, since the 3rd respondent / defacto complainant undertook to deposit the title deed of his properties as security for availing a loan for the business purpose of the firm. After Annexure-3, the 3rd respondent deposited his title deed in Bank and the firm availed a loan. Consequent to the taking over of the firm Vattukalam Chemical Industries by Vijay Chemical Industries, the 3rd respondent and his brother expressed their willingness to retire from the firm, and consequently, they retired. After retirement, the 3rd respondent insisted to relieve him from the liability of the Bank and to get back the documents deposited with the Bank with an intention to create equitable mortgage for the loan transaction. Since the applicants 1 and 2 could not comply with that demand, the instant Crime was registered. Thereafter, the applicants 1 and 2 discharged the liability to the Bank and redeemed the title deeds of the 3rd respondent and returned it to him. The grievance against the petitioners was thus redressed.

5. The 5th accused, Biju Vadakkan filed B.A.No.9049 of 2019 before this Hon’ble Court for anticipatory bail. This Hon‘ble Court as per Annexure-5 order dated 20-12-2019 granted anticipatory bail to him. Thereafter, accused 3 and 4 filed B.A.No. 91 of 2020 before this Hon’ble Court for anticipatory bail, and vide Annexure-6 order , they too were granted bail on 09-07-2020.

6. The applicants filed successive applications for bail as Crl.M.P.Nos.3634 of 2019 and 3647 of 2019 and Crl.M.P.No.1126 of 2020 before the Sessions Court, Kasaragod for anticipatory bail, which were rejected on 05-12-2019 and 24-08-2020, vide orders at Annexure-7 and Annexure-8, respectively.

7. It is submitted that the applicants are innocent and have been been falsely implicated in non-bailable offences. Applicants 3 and 4 have nothing to do with the partnership and they are total