IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Bail Appl..No. 3277 of 2009() ----------------------------- CRIME NO.141/09 OF VENJARAMOODU POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------------------------------ PRABHAKARAN NAIR, S/O.PARAMESWARAN PILLA, GREESHMAM, PALAMOODU, THEKKADA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3277 of 2009 ----------------------------- Dated this the 23rd day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused No.2 in Crime No.141 of 2009 of Venjaramoodu Police Station. 2. The offences alleged against the petitioner are under Sections 403, 408, 406, 420 and 465 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons collected huge amounts from various persons in the name of 'Kerala Chit Fund' of which petitioner is the Divisional Manager. The amounts were not accounted in the accounts of the Chit Fund. Huge amounts were misappropriated by the accused persons. For the purpose of collection of amounts from the public, seal, receipt, letter head etc, of the Chit Fund were unauthorisedly used. Huge interest was offered to the depositors. False entries were made in the accounts of the Chit Fund. The first accused was arrested. He is in judicial custody and later, he was released on bail. The petitioner who is the second accused apprehends arrest. BA No.3277/2009 2 4. On going through the CD file and taking into account the allegations made against the petitioner, I do not think that this is a fit case where the petitioner is entitled to get an order for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl