IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Bail Appl..No. 436 of 2009() -------------------------------------- CRIME NO.348/2008 OF NEDUMKANDAM POLICE STATION PETITIONERS/ACCUSED NOS. 1 AND 2: -------------------------------------------------------- 1. REMA.A., AGED 40 YEARS, W/O.VASUDHARAN MANGALATHU VEETIL, KALLUVATHUKKAL KARA & POLICE STATION LIMIT, KOLLAM DISTRICT. 2. VASUNDHARAN, AGED 56 YEARS, S/O.GOPALAN MANGALATHU VEETTIL, KALLUVATHUKKAL KARA & POLICE STATION LIMIT, KOLLAM DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------- 1. S.I. OF POLICE,NEDUMKANDAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.436 of 2009 ------------------------------------ Dated this the 8th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioners are accused Nos. 1 and 2 in Crime No.348/2008 of Nedumkandam Police Station. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. I have gone through the CD file and pursued the Annexures produced along with the Bail Application. In view of the peculiar facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation and it is necessary to collect evidence at this stage. It cannot be concluded that no case is made out against the petitioners under Section 420 of the Indian Penal Code. 4. Taking into account the facts and circumstances of the B.A. No.436/ 2009 2 case, the nature of the offence and other circumstances, I am of the view that the Bail Application is liable to be dismissed. The Bail Application fails and is accordingly dismissed. K.T. SANKARAN, JUDGE scm