Back
2023 Supreme(Online)(KER) 30344
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
VENUGOPAL – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 397 2023
C.S.MANU, DILU JOSEPH, C.A.ANUPAMAN, T.B.SIVAPRASAD, C.Y.VIJAY KUMAR, MANJU E.R.ANANDHU, SATHEESH ALINT JOSEPH, V.JAYAPRADEEP, VIVEK NAIR, P.GOUTHAM KRISHNA, U.B.T.K.RAJESHKUMAR, O.A.NURIYA, D.S.LOKANATHAN, ALAN PRIYADARSHI, DEV LILIN LAL, O.A.NURIYA(K/96/2012), C.UNNIKRISHNAN (KOLLAM), NIDHI BALACHANDRAN, VIJAYKRISHNAN S. MENON, ANANDA PADMANABHAN, UTHARA A.S, MANOJ V GEORGE, K.J.ALPHONS, ABHISHEK, JIJO JOSE, DHANANJAY, DEEPAK T.N., BINDU
A writ for clubbing FIRs is unfounded where each involves distinct complainants and transactions; bail is not available comprehensively across multiple cases.
Headnote:
Bail - Clubbing FIRs - Banning of Unregulated Deposit Schemes Act, 2019 - Cr.P.C Sections 41, 41A, 161, 173 - Court interpreted that individual FIRs pertain to separate transactions; no provision allows for mandatory clubbing; bail procedures require adherence to fair investigation principles.
Fact of the Case:
The petitioner faced over 1600 cases primarily related to non-payment of deposits at his financial institution. He sought to have a specific FIR treated as the principal case for clubbing purposes and to enable general bail provisions across all the cases.
Issues: Whether all the FIRs can be clubbed and if a blanket bail can be granted for all registered cases against the petitioner.
Ratio Decidendi: The court emphasized that each FIR represented independent transactions, making clubbing inappropriate. It also stressed that granting bail comprehensively across all cases was not legally permissible.
Final Decision: The petition was dismissed with specific directives for recording arrest in pending cases.
JUDGMENT
This writ petition is filed with following prayers:
(i) “Issue a writ of mandamus or any other appropriate writ, order, or direction ordering that the Exhibit P-2 FIR in Crime No. 2281 of 2022 of Kottarakkara Police Station shall be treated as the principal FIR among the FIRS registered against the petitioner in respect of the allegations of non- payment of interest on fixed deposits and/or non- refund of deposit to the depositors of his financial institution namely Kecheri Chits Pvt. Limited, Punalur and that the FIRS can proceed as one set of complaint, treating the Exhibit HIGH P-2 FIR as the principal FIR and that the FIRS registered subsequent to the principal FIR shall stand clubbed with the same and the subsequent FIRS shall be treated as statements under Section 161 of the Cr.P.C, that the Investigating Officer in the criminal case arising from the principal FIR will be free to file supplementary charge-sheet after collation of all the records concerning other FIRS clubbed in terms of the order that is passed by this Hon'ble Court, that in the event the Investigating Officer in other FIRS had already filed the police report under Section 173 of Cr.P.C before the concerned Court and the concerned Court had taken cognizance thereof the said FIRS and criminal cases would also stand transferred and merged / clubbed along with case arising from the principal FIR, to be proceeded with in accordance with law.
(ii) Issue a writ of mandamus or any other appropriate writ, order, or direction ordering that the bail granted to the petitioner in connection with the principal FIR namely Ext. P-2 in which other FIRS will stand clubbed/merged in terms of the order passed by this Hon'ble Court, so that the bail so granted must enure in favour of the petitioner.
(iii) Allow the cost of the petition to the petitioner.
(iv) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.” (SIC)
2. Petitioner, is the 1st accused in more than 1600 cases registered by Kottarakkara Police Station and several other police stations in the State of Kerala. The offences alleged are mainly under Secs.406 and 420 r/w Sec.3, 4, 5, 21 (3), 22, 23 and 25(1) of the Banning of Unregulated Deposits Schemes Act, 2019. The petitioner was arrested in the said crime and remanded in judicial custody. The main prayer in this writ petition is to issue direction ordering that Ext.P2 FIR in Crime No. 2281/2022 of Kottarakara Police shall be treated as a principal FIR among the FIRs registered against the petitioner in respect of allegation of non-payment of interests on fixed deposits and non-refund of deposits to depositors of his financial institutions and to proceed the other FIRs as one set of complaint treating Ext.P2 FIR as the principal FIR. 3. When this writ petition came up for consideration, the Public Prosecutor submitted that in similar situation, this Court considered the issue in detail after considering the dictum of the Apex Court, in the judgment dated 25.08.2023 in W.P.(Crl.) No.230/2023. It will be better to extract the relevant portion of the above judgment:
“9. I have heard Sri.S.Sreekumar, the learned Senior Counsel instructed by Sri.Thomas P.Kuruvila, learned counsel for the petitioner as well as Sri.P.Narayanan, learned Public Prosecutor on behalf of the respondents.
10. The points that arise for consideration are (i) whether all the FIRs registered against the petitioner can be clubbed together (ii) whether a comprehensive bail can be directed to be granted in all cases registered against the petitioner, deeming his date of arrest as 13.01.2023 and (iii) any other reliefs.
(i) Whether all the FIRs registered against the petitioner can be clubbed together?
11. In the instant case, 283 complaints are filed at different locations at different police stations in the State, all relating to separate and independent transactions. The nature of inducement, the quantum of the deposit, the place w
