IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8794 of 2011() ---------------------------------- (CRIME NO.716/2011 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT) ..... PETITIONER/1ST ACCUSED --------------------------------- ABDULREHMAN @ ASSI S/O.MAKKAR, AGED 51 YEARS, THACHETH HOUSE, PAYIPRA, MULAVOOR VILLAGE, MANARI P.O.,MUVATTUPUZHA BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S):COMPLAINANT ------------------------------------- 1. SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, 2. DETECTIVE INSPECTOR, CBCID EOW - II SUB UNIT ,ERNAKULAM 3. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8794 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.716/2011 of Muvattupuzha Police Station for offences punishable under Sections 420 IPC and Section 6 of the Prize Chit and Money Circulation Schemes (Banning) Act, 1978. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, I find that the request of the prosecution for interrogation cannot be declined as the petitioner is one of the links of a money chain racket involved in the deception of lakhs of rupees and that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits, on the same day, provided due notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge