Rajesh Alva v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Bail Appl..No. 2807 of 2015 () ------------------------------- (CRIME NO.1046/2012 OF ANTHIKKAD POLICE STATION, THRISSUR DISTRICT) (RE- NUMBERED AS CRIME NO. 878/CR/EOW-II/KM/12 BY CBCID, PALAKKAD) ------------------- PETITIONER/ACCUSED NO.1:

--------------------------------------------- RAJESH ALVA @ RAJESH KRISHNA, AGED 39 YEARS, S/O.KRISHNA ALVA, MOOLADUKA HOUSE, PERDALA POST, KASARAGOD DISTRICT, PIN -671 551 BY ADVS.SRI.K.P.RAMACHANDRAN SRI.SANJAY THAMPI RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY DETECTIVE INSPECTOR, CBCID-EOW-II, PALAKKAD, PIN- 678 001 (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN -682 031)

2. SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, THRISSUR, PIN- 680 641 BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-06-2015, ALONG WITH BA.NO. 2808/2015 AND BA.NO. 2809/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. Nos.2807 of 2015, 2808 of 2015 & 2809 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2015 C O M M O N O R D E R Petition filed under Section 438 Cr.P.C.

2.

The petitioner is alleged to have committed the offence under Sections 409, 417, 420, 421 read with Section 34 of Indian Penal Code.

3.

He made a false promise that he would start a branch office of Noble India Gramina Super Market Limited at Kizhuppillikara and collected Rs.2,45,000/- (Rupees Two Lakhs Forty five thousand only) each from seventeen persons. He did not start the branch, nor he paid back the amount. This is the prosecution case.

4.

Heard.

5.

The learned counsel submits that it was the company which made the promise and not the petitioner. A company can act only for human beings. There is no substance in the submission of the learned counsel. Prima facie, the petitioner has committed the offences alleged

B.A. Nos.2807 of 2015, 2808 of 2015 & 2809 of 2015 against him. His custodial interrogation is necessary to know where he has invested the money. This is not a fit case to grant him anticipatory bail.

In the result, these applications are dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge