IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4979 of 2009() ----------------------------- CRIME NO.489/2009 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED: -------------------------------------- PREMACHANDRAN, VADAKKEKARA PUTHEN VEEDU, PERINGOTTUKONAM, KALATHUVILA WARD, PERUMBAZHUTHUR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4979 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No. 489/2009 of Medical College Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The petitioner is a member of a Charitable Society run under the name and style “HOPE”. The accused persons collected Rs.36,000/- from the defacto complainant for the supply of a Heart Valve, making him believe that the Heart Valve was being supplied at reduced rate. The allegation is that the Government provides Heart Valves for persons belong to BPL (Below Poverty Line) groups. The defacto complainant belongs to that category. The petitioner was arrested on 25/7/2009. 4. The learned Public Prosecutor submits that the Charitable Society, “HOPE” has various branches at different B.A. No. 4979 / 2009 2 places and they are involved in cheating the helpless people. There is a racket engaged in the sale of Heart Valves. It is suspected by the investigating agency that apart from the members of the Charitable Society, some doctors are also involved in the commission of offences, including the offence in the present case. The investigation is in progress. The learned Public Prosecutor submitted that if the petitioner is released on bail at this stage, it would seriously affect the proper and smooth investigation of the case. 5. Taking into account the facts and circumstances of the case, nature and gravity of the allegations levelled against the petitioner and the members of the Charitable Society referred to above and the stage of investigation, I do not think it proper to release the petitioner on bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm