IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 5288 of 2011() ----------------------------- CRIME NO. 244/2011 of NILESWARAM POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED:- ---------------------------- P.V.NARAYANAN, AGED 53 YEARS, S/O.CHERIYAMBU, R/AT RAVANESWARAM P.O., HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, NILESWARAM POLICE STATION, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- B.A.NO.5822 OF 2011 --------------------------------------------- Dated 7th March, 2012 ORDER Apprehending arrest in Crime No.662/2011 of Vadakara Police Station, registered for the offences under Sections 420 and 406 of Indian Penal Code and Sections 4 to 6 of the Prize Chit and Money Scheme Banning Act, 1978, petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail. 2. Learned Senior counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Senior counsel appearing for the petitioner submitted that even as per FI statement Rs.40,000/- out of Rs.1,00,000/- paid was received by the de BA 5288/11 2 facto complainant and the money was invested in the proprietary concern and petitioner is not having any right in the concern and in such circumstances, in the event of arrest of the petitioner, he be released on bail. Learned Senior counsel also submitted that petitioner is undergoing treatment at RCC, Thiruvananthapuram and in such circumstances, on health grounds, he be granted anticipatory bail. 2. Learned Public Prosecutor opposed the petition. 3. Considering the nature of the offences alleged, I do not find that petitioner is to be granted anticipatory bail. Petitioner is directed to report before the Investigating officer within two weeks from today for interrogation. After completing the BA 5288/11 3 interrogation, if the petitioner is having any physical illness, the Investigating Officer may release him on sufficient conditions. If the Investigating officer finds that he is not having any physical illness, he shall be produced before the concerned Magistrate without delay. In that event petitioner is at liberty to file an application for bail. If such an application is filed, Magistrate to pass appropriate order in accordance with law. If petitioner fails to report before the Investigating Officer as directed, Investigating Officer is at liberty to arrest the petitioner. M.SASIDHARAN NAMBIAR, JUDGE. uj.