LawChakra

Kerala HC Grants Anticipatory Bail to Soubin Shahir, Manjummel Boys Producers in Cheating Case: “Custodial Interrogation Not Necessary in Every Instance”

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Today, On 26th June, The Kerala High Court granted anticipatory bail to actor Soubin Shahir and other producers of Manjummel Boys in a cheating case. The court said, “Custodial interrogation is not necessary in every instance” as key issues are documentary.

The Kerala High Court granted anticipatory bail to actor-producer Soubin Shahir and producers Shawn Antony and Babu Shahir, who faced accusations in a cheating case related to their Malayalam film Manjummel Boys.

Justice Bechu Kurian Thomas noted that the nature of the dispute leading to the cheating allegations did not justify custodial interrogation.

The order stated,

“Since primarily the distribution of profits and the mode of investment carried out by the parties are the source of this dispute, I am of the view that a majority of those aspects are governed by documentary evidence. Custodial interrogation is not necessary in every instance,”

However, the Court instructed Soubin and Antony to meet with the investigating officer on July 7 and, if needed, on July 8, from 10 AM to 5 PM to facilitate the investigation. Soubin, Antony, and Babu are partners in Parava Films LLP.

In November 2022, they entered into an investment agreement with Siraj Valiyathara Hameed, who agreed to invest Rs.7 crore in a timely manner for the production of Manjummel Boys, in exchange for 40% of the net profits.

After reports indicated that the film grossed over Rs.250 crore, Hameed demanded his share according to the agreement. Soubin and Antony claimed they assured Hameed that payment would be made after accounting for all revenues and expenses.

Hameed then sought a commercial court order to prevent the producers from using the film’s profits or releasing it on OTT platforms. An ex-parte order from the court subsequently froze the accounts of Parava Films.

Following this, Hameed filed a police complaint against the producers, resulting in a first information report (FIR) that accused them of offenses under Sections 120B (criminal conspiracy), 406 (criminal breach of trust), 420 (cheating), and 468 (forgery) of the Indian Penal Code.

In response, Soubin, Antony, and Babu applied for anticipatory bail, arguing that Hameed’s demands were premature since the full revenue and expenses had not yet been settled. They had also filed a separate petition to quash the case, which the High Court dismissed in May.

In their bail application, the producers referenced clauses from the investment agreement stating that Hameed would receive his share of profits only after all financial matters were resolved.

They further alleged that Hameed had initiated arbitration proceedings against them and claimed that his private complaint was an attempt to gain publicity and pressure them into settling the civil dispute.

The petitioners represented by Senior Advocate P Vijaya Bhanu and Advocates Thomas J Anakkalunkal, Anupa Anna Jose Kandoth, Jayaraman S, Dhanya Synny, Ann Milka George, and Sherin Rachel Santhosh.

Hameed was represented by Advocates Saiby Jose Kidangoor, Benny Antony Parel, Pramitha Augustine, Afsana Khan, Sreeraj S Rajaram, Sneha J, Adarsh Padmanabhan, and Amal Dileep.



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