KELSA move wont spare apple a day: HC

The Kerala High Court on Wednesday held that settling the claims of some customers through the Kerala State Legal Services Authority (KELSA) would not relieve the Apple a Day Properties owners from the penal offences against them.

Justice S S Satheesachandran made the observation while dismissing a petition filed by K A Saju, managing director, Apple a Day Properties and C Rajeev Kumar, director of the company - accused in the flat fraud case, seeking a directive to release some documents seized by the police during the investigation and later produced before the court.

They said that some of the disputes were settled through KELSA and effective steps are being taken to settle other claims. The Chief Judicial Magistrate had earlier dismissed the application seeking to release the documents.

The court held that the documents were necessary for the case proceedings.

 “Through KELSA the petitioners could settle claims of some of the customers, but it would not relieve them of the penal offences.

“The aggrieved parties are different customers. When such criminal cases are pending, for grave offences, release of the documents/properties are unacceptable,” the court said.

 The court said that the petitioners are entitled to get the certified copies of the original documents. According to the prosecution, the petitioners committed criminal breach of trust by cheating several flat buyers after collecting substantial sum from them with false promises of putting up villas.

 The petitioner submitted that they have taken steps to revive the construction work and settle the claims of individual customers within a time frame.

So the properties seized and produced in the court should be handed over. They applied for release of the laptop, hard disk of the main server and other original documents, including agreement copies of 101 customers of Apple a Day properties Pvt Ltd, original title deed and the certificate issued by the sub-registrar.

 The prosecution vehemently opposed the plea and submitted that several crimes have been registered against the petitioners and the probe in some cases are still pending.

The documents seized are essential for fair investigation of the cases.