IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 5110 of 2008() ----------------------------- CRIME NO.156/2008 OF VELLARADA POLICE STATION PETITIONERS : ACCUSED 1 & 2; ------------------------------- 1. GEORGEKUTTY, S/O.SKRIA, PUTHUCHIRA VEEDU, KOVILLOOR DESOM, AMBOORI VILLAGE NEYYATTINKARA. 2. SABU, S/O.THOMAS, THUDIYAMKONATHU KALATHIL VEEDU, KOVILLOOR, AMBOORI, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5110 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 420 and 34 IPC. According to the prosecution, petitioners were running a financial institution and defacto-complainant deposited huge amount in the institution. When he demanded withdrawal of the amount, the petitioners cheated him, by not returning the amount. The petitioners also closed down the institution. 3. Learned counsel for the petitioners submitted that no cheating is involved in this case, but there is only a civil dispute. Petitioners' institution fell on loss and only because of it, the institution was closed. The petitioners had no intention to cheat the defacto- complainant. 4. This application is opposed. Learned Public Prosecutor submitted that series of other crimes registered against the petitioners on the basis of complaints made by others. The petitioners are absconding for long time. All the records are in their possession and they are required for custodial interrogation. 5. On hearing both sides, I am satisfied of the submissions BA 5110/08 -2- made by the learned Public Prosecutor. Granting of anticipatory bail in an offence of this nature will not be proper. The application is dismissed. K. HEMA, JUDGE. mn.