IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2463 of 2009() ------------------------------------- CRIME NO.81/2009 OF KANJIRAMKULAM POLICE STATION PETITIONERS/ACCUSED NOS.1,2, 5 TO 7: ------------------------------------------------------------ 1. PETER ANTONY,TC 85/2/387, MARA 176, MADHAVAPURAM, TITANIUM P.O. THIRUVANANTHAPURAM. 2. MARY ANTONY,W/O.PETER ANTONY,BABY COTTAGE, UNIT 12,VALIAVELI P.O. THIRUVANANTHAPURAM. 3. DICKSON ANTONY,S/O. PETER ANTONY, BABY COTTAGE, UNIT 12,VALIAVELI P.O. THIRUVANANTHAPURAM 4. EDISON ANTONY,S/O. PETER ANTONY, BABY COTTAGE,UNIT 12,VALIAVELI P.O. THIRUVANANTHAPURAM. 5. SHYMA,W/O.DICKSON, BABY COTTAGE, UNIT 12 VALIAVELI P.O. THIRUVANANTHAPURAM. BY ADV. SRI.R.ARUN RAJ RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE,KANJIRAMKULAM POLICE STATION, NEYYATTINKARA (CRIME NO.81/2009) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEK CHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2463 of 2009 ------------------------------------ Dated this the 2nd 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.1,2, 5, 6 and 7 in Crime No.81/2009 of Kanjiramkulam Police Station. 2. The offences alleged against the petitioners are under Sections 420, 406, 417, 120B, 506 (i) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons collected a sum of Rs.12.5 lakhs from the defacto complainant Nazeer and his friend John Paul on the assurance that the former will arrange a visa for the latter in Kuwait, and thereby cheated the defacto complainant and his friend. In the nature of allegations made against the petitioners, I do not think that anticipatory bail can be granted to the petitioners. In the course of investigation, it becomes necessary for custodial interrogation. If anticipatory bail is granted to the B.A. No. 2463/ 2009 2 petitioners, it would seriously affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm