Personal Liberty vs. Investigational Rights: Kerala HC Grants Bail to Septuagenarian Accused in 500+ Cheating Cases Citing Prolonged Detention - 2025-08-21

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Kerala High Court Grants Bail to 70-Year-Old Accused in Over 500 Cheating Cases

KOCHI: The Kerala High Court on Thursday granted bail to a 70-year-old man, K.N. Anand Kumar, who is accused in over 500 cases of cheating across the state. Justice Bechu Kurian Thomas, while allowing 15 separate bail applications, emphasized the need to balance an individual's personal liberty with the investigational rights of the police, ruling that further detention of the septuagenarian was not necessary.

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Background of the Case

The petitioner, K.N. Anand Kumar, faces a multitude of allegations under Section 420 (Cheating) of the Indian Penal Code and various provisions of the Banning of Unregulated Deposit Schemes (BUDS) Act, 2019. The prosecution alleges that Kumar, along with other accused, induced numerous complainants to deposit large sums of money by promising to supply articles, such as motorbikes, at half their market value. It is claimed that the accused neither supplied the goods nor returned the money, thereby cheating the victims.

The investigation, initially handled by local police stations, has since been consolidated and transferred to the Crime Branch (CBCID), Kottayam, due to the sheer volume and widespread nature of the cases, numbering over 500. Kumar was first arrested in a related case on March 11, 2025, and has remained in custody since. His arrest in the present set of cases was formally recorded on July 11, 2025.

Arguments Presented in Court

The petitioner's counsel, led by Advocate S. Rajeev, argued that Kumar is the founder of the Sree Satya Sai Orphanage Trust and was acting in his capacity as the Chairman of the National NGO Confederation. The defense contended that Kumar merely explained a scheme introduced by the primary accused and did not derive any personal benefit, except for a Rs. 1.20 crore contribution made to his charitable trust. Given his age, health issues, and the prolonged period of incarceration, his counsel argued that continued detention served no purpose.

Conversely, the Public Prosecutor argued vehemently against granting bail. The State highlighted that Kumar is an accused in more than 500 cases, and the investigation by the CBCID is at a crucial stage. The prosecution stressed that the full extent of his involvement could only be determined after a thorough investigation and that releasing him could hinder the process.

Court's Rationale for Granting Bail

Justice Thomas, in his common order, underscored the cherished right to personal liberty. He noted that courts must strike a delicate balance between the needs of the investigation and the presumption of innocence until proven guilty.

"Courts must always bear in mind that an accused ought not to be detained in custody with the object of punishing him, as punishment is always the consequence of a finding of guilt," the order stated.

The court's decision was based on several key factors:

- Age and Health: The petitioner is a septuagenarian suffering from various ailments.

- Prolonged Custody: He has been in continuous custody for over five months since March 11, 2025.

- No Flight Risk: The court found no possibility of the petitioner fleeing from justice or tampering with witnesses.

Citing the Supreme Court's decision in Prahlad Singh Bhati v. NCT, Delhi , Justice Thomas reiterated that bail jurisdiction must be exercised based on well-settled principles, including the nature of the accusations, the severity of potential punishment, and the character of the accused.

Final Decision and Conditions

In light of these considerations, the High Court allowed all 15 bail applications. K.N. Anand Kumar is to be released on bail upon executing a personal bond of Rs. 50,000 with two solvent sureties for each of the 15 cases.

In a significant move to ease the procedural burden, the court, citing the Supreme Court's decision in Girish Gandhi v. State of Uttar Pradesh , permitted the same two sureties to stand for him in all the crimes.

The bail is subject to several conditions, including cooperating with the Investigating Officer, not intimidating witnesses, not committing similar offenses, and not leaving India without the court's permission.