IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 2142 of 2010() ----------------------------- CRIME NO.437/10 OF FORT KOCHI POLICE STATION, ERNAKULAM. (S): PETITIONER/SOLE ACCUSED ------------------------------------------- K.P.ZACHARIAH, AGED 54 YEARS, S/O.PAREETH, 1/1935, Y.M.C.A. ROAD, FORT KOCHI. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, FORT KOCHI POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2142 of 2010 ---------------------------------------------- Dated 17th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. According to prosecution, petitioner is conducting a chitty scheme and giving gold ornaments in lieu of prize money. This was detected when a search was conducted in the business premises of the petitioner. 3. Learned counsel for the petitioner submitted that petitioner is conducting a deposit scheme for the customers by name Swarnanidhi. This was being done for the past 25 years. He also submitted that no complaint is received from any of the depositors, but the Police has suo motu registered a crime. According to the Police, the petitioner has committed offences under Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act. Hence, anticipatory bail may be granted to the petitioner, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the act committed by the petitioner would fall BA NO.2142/10 2 under Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act. It is not correct to say that this is a vexatious or false complaint. 5. On hearing both sides, I do not think that the petitioner has made out any ground to grant anticipatory bail. The crime is registered as early as on 3.4.2010. Hence, the following order is passed : Petitioner shall surrender before the Investigating Officer or the Magistrate Court concerned, within one week from today and shall co-operate with the investigation. Petition is dismissed. K.HEMA, JUDGE. tgs