IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 20^TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 BAIL APPL. NO. 11351 OF 2023 CRIME NO.827/2023 OF KANNAVAM POLICE STATION, KANNUR PETITIONERS/ACCUSED 1 TO 3:

1 M.M. THOMAS, AGED 58 YEARS S/O JOSEPH, MADATHINAMATTATHIL HOUSE, CHITTARIPARAMBA, KANNAVAM, KANNUR, PIN - 670650

2 EMILY CHACKO, AGED 57 YEARS W/O. M.M. THOMAS, MADATHINAMATTATHIL HOUSE, CHITTARIPARAMBA, KANNAVAM, KANNUR, PIN - 670650

3 JAINE MARIYA, AGED 20 YEARS D/O. M.M.THOMAS, MADATHINAMATTATHIL HOUSE, CHITTARIPARAMBA, KANNAVAM, KANNUR, PIN - 670650 BY ADVS.

BEJOY JOSEPH P.J.

GOVIND G. NAIR BALU TOM BONNY BENNY M.RAMESH CHANDER (SR.)

RESPONDEN T S :

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

2 K.MUHAMMED HAJI , AGED 73 YEARS S/O.MOIDEEN KUTTY, RESIDING AT M.P.K.MANZIL, KEEZHALLUR AMSOM, THERUR DESOM, P.O.EDAYANNUR, THALASSERY TALUK, KANNUR DISTRICT, PIN - 670595 ADDITIONAL SECOND RESPONDENT IS IMPLEADED AS AN INTERVENR AS PER ORDER DTD 9-1-24 IN CRL.M.A.

NO.1/24 BY ADVS.

SMT. SHYNIMOL V.O. - PUBLIC PROSECUTOR S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R.

K.S.KIRAN KRISHNAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS, J.

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B.A. No. 11351 OF 2023 ------------------------------------------------------- Dated this the 20^th day of February, 2024

O R D E R

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.

2. The petitioners are the accused 1 to 3 in Crime No.827/2023 of the Kannavam Police Station, Kannur registered against them for allegedly committing the offences punishable under Sections 406, 420, 468, 471, 120-B and 465 read with Section 34 of the Indian Penal Code, 1860.

3. The crux of the prosecution case is that: the first accused and the defacto complainant are the Co- managing Directors of the private limited company named Malabar Construction Materials Private Limited(‘company’ for short). The second accused is a director of the company and the third accused is the daughter of accused 1 and 2. The accused 1 and 2 without the sanction or permission of the company fraudulently transferred the company's property, on the strength of a fabricated resolution, in favour of the third accused. Thus, the accused have committed the above offences.

4. Heard; Sri. Ramesh Chander M. the learned Senior Counsel for the petitioners, Smt. Shynimol V. O., the learned Public Prosecutor and Sri. S. Rajeev, the learned counsel appearing for the defacto complainant/

intervenor.

5. The learned Senior Counsel vehemently argued that the petitioners have been falsely implicated in the crime on the influence of the defacto complainant, as an arm-twisting tactic to settle the civil disputes pending between the parties. In fact, the defacto complainant has filed C.S. No.3/2023 before the Commercial Court, Thalassery, inter alia, for a decree of injunction. Along with the suit he had also filed I.A. No.3/2023 for an order of temporary injunction. The said application was dismissed as untenable. Even though the order was challenged in C.M.A. No.12/2023 before the Commercial Appellate Court, Thalassery, the same was also dismissed at the threshold. Thereafter, the defacto complainant has approached NCLT (National Company Law Tribunal), Chennai Bench, and filed an application for liquidation of the company alleging mismanagement and oppression. The petitioners are contesting the proceedings before the NCLT. However, the defacto complainant has not been able to secure any favourable order. Then, he filed W.P.(C) No.9283/2023 before this Court for an order of police protection. By Annexure A-8 judgment, this Court rejected the writ petition. Now, as a last ditch attempt, to harass the petitioners, the defacto complainant has filed the presen