IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 4747 of 2009() ------------------------------------- CRIME NO. 81/2009 OF PANOOR POLICE STATION .................... PETITIONER: ------------------- ABDUL RASHEED.K., S/O. UMMER, 40 YEARS, SAINABHAS, THALASSERY AMSOM, THALASSERY. BY ADVS. SRI.M.C. RATNAKARAN SMT.M.R.JAYALATHA RESPONDENT: --------------------- STATION HOUSE OFFICER, PANOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4747 of 2009 ------------------------------------ Dated this the 24th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 81/2009 of Panoor Police Station. 2. The offences alleged against the petitioner are under Sections 408, 417 and 420 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the Case Diary. 4. The defacto complainant narrated the various incidents in which she was cheated by the accused. The defacto complainant is an illiterate pardanashin lady. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Custodial interrogation may be required. If B.A. No. 4747 of 2009 2 Anticipatory Bail granted to the petitioner, it would seriously affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln